Reforms to family law system rejected

Key recommendations for the reform of the nation’s family law have been rejected by the Morrison government.

Key recommendations from the Australian Law Reform Commission inquiry have been rejected by the Morrison government. Picture: NCA NewsWire / Nicole Cleary

Key demands for an overhaul of the way the law deals with family dysfunction have been rejected by the Morrison government.

The government on Sunday released its response to the Australian Law Reform Commission inquiry into the family law system, noting that it had already implemented some measures and passed legislation to deliver structural reform of federal family law courts.

It was the first time the family law system was comprehensively reviewed since the Family Law Act in 1975.

The government rejected law reform commission calls for the establishment of state and territory family courts as well as state and territory child protection and family violence jurisdiction.

In a strong response, the government said the recommendation lacked substantive sub­missions and it was surprised by the strategy and recommendation.

“While the government understands frustration with what has been described as the failed experiment of sharing jurisdiction between federal courts and running family law matters in separate courts with separate rules and procedures, the government does not support this recommendation,” the government said.

“This recommendation proposes one way to fix the broken split court system presently causing unnecessary cost, delay and resources, but the alternative structure it proposes represents radical change to the federal, state and territory court systems and in the best possible scenario, would take years to fully implement, and in the most likely case scenario would not succeed past the early stages.’’

When the commission report was first handed down in 2019, the federal government said it had ­already pursued “a clear and cautious plan” to merge the family court system to end the delays and costs to Australian families that had been caused by a split federal court system.

The system had multiple family law courts in the one federal jurisdiction, it said.

The government also rejected moves to repeal law that seeks to require the courts to allow children to spend significant time with each parent if applicable.

“The requirement to consider equal time, in circumstances where a court orders equal shared parental responsibility, was a key element of the 2006 reforms to the family law system,” the government said.

“The government remains committed to ensuring that courts appropriately consider children spending equal time, or substantial and significant time, with each parent in determining disputes about children’s arrangements.

“This approach must, of course, also recognise that there are reasons, including for safety, or relating to practicalities, why it will not always be in the best interests of a child that equal time or substantial and significant time be spent with each parent.”

The government said, however, that the report contained many practical and well-considered recommendations which would be considered over time.