November 14, 2010
The Commonwealth Attorney-General, Robert McClelland, and NSW Attorney-General, John Hatzistergos, released an outline of proposed fundamental changes in the Australian system of family law.
A major shift from the current Family Law Act passed in 2006, which emphasizes shared parenting, the proposed laws would place fundamental decisionmaking focus on the best interests of the child.
The 2006 laws were seen to better serve fathers seeking access to children after divorce or separation. However, the proposed laws are designed to place protection of children from abuse as a primary criterion, before even the child’s right to see his or her parents. The proposed law also expands the definition of family violence.
Mr. McClelland said he wanted laws ensuring child safety concerns outweigh the need for a child to have a relationship with both parents.
The legislation is currently in draft and open for public comment through January of 2011.