Issues

Shared Responsibilities

Recent changes to the Family Law Act have placed an emphasis on shared parenting and shared responsibility for children. Even though courts are now required to consider both parents spending substantial time with the children, this does not mean shared custody. This has been confirmed in a recent decision by the Family Court.

Three independent reviews were conducted and released early 2010. All the reviews found  that the reforms were putting women and chlidren at risk.The report by  retired Family Court Judge Richard Chisholm recommends major changes be made to the law.

The Family Law Legislation Amendment (Family Violence and other Measures) Bill 2010 was passed by the House of Representatives in May 2011, and was then subject to a Senate Enquiry. The Senate Committee has now tabled their report but we are still awaiting passage of the legislation. 

Sole Parents' Union supports parents' rights to make any parenting arrangements that suite their family. However, we do not support a rebuttable presumption of shared custody in Family Law. All the research shows that this doesn't work.

The Australian Institute of Family Studies has published a report by Dr Bruce Smyth of the Australian National University on A 5-year retrospective of post-separation shared care research in Australia

Can You Sort Things Out Yourself ?

Sole Parents' Union recommends that if couples can sort things out for themselves and stay away from court proceedings, then you should do so. Of cour se, if you have particular issues that can only be solved by a court then you need to take whatever steps are necessary. This is particularly true where there is a risk to the safety

of either a parent or the children. If you want to apply for a divorce you can do so yourself using the divorce kit on the Family Court website. You need to attend court to have a divorce granted, but you do not need a solicitor if things are straightforward.

For help on how to do things yourself in the Family Court the Family Law Support Australia website is a good place to start for tips and information.

What About Property?

Whether you are married or in a de facto relationship, the Family Court or Magistrates Court now has authority to make orders for property settlements. However, as with all other issues, if you can work this out for yourselves it is probably better all around. If you like, you can seek to formalise your agreement by applying for Consent Orders in the Family Court.

If you cannot reach an agreement, you may need to go to court and ask them for a decision. This could include orders relating to the division of your property, and/or payment of spousal maintenance.If you are at all concerned, you should seek legal advice as there may be ongoing ramifications for child support and your ability to support your children.

Despite what you may have heard, the Family Court has no specific formula for working out property matters. Each decision is different and is based on the evidence presented to the court.

Legal Advice

If you need legal advice you can search for solicitors here.

If you don't think you can afford a solicitor but need some legal advice, try Legal Aid in your state:

• Queensland
• New South Wales
• Victoria
• Tasmania
• South Australia
• Western Australia
• Northern Territory
• ACT

For more information download this Guide to Legal Services. It is put out by The Victorian Law Foundation together with the Department of Families, Housing, Community Services and Indigenous Affairs.