Dads Against Discrimination Inc
ABN 82 053 905 623

A VERBAL PROPOSAL

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This is a Verbal Submission put to Des Sempler at at meeting today (9/10/2000) by Stephen Walker and Ray lenton on behalf of the Group
I have included the Termes of Referance and Guidlines

TERMS OF REFERENCE

Vision:
An integrated family law system that is flexible and builds individual and community capacity to achieve best possible outcomes for families.

Purpose:
To provide high level advice to the Government on how to achieve a family law system which:
provides effective support systems for families;
Co-ordinates client-focused information and services;
and provides pathways that are effective and appropriate.

Strategies

  1. The Family Law Pathways Advisory Group will formulate a set of recommendations on how to:
    Provide stronger and clearer pathways to early assistance that ensure people facing relationship breakdown are directed to services most suitable to their needs;
    Help families to minimize conflict, manage change more successfully and meet new obligations and commitments;
    Improve the targeting, coordination and accessibility of information and support for families during transition to and settling of new arrangements; and
    Better coordinate service delivery between the range of agencies (both public and private) involved in assisting families interacting with the system.
  2. The Family Law Pathways Advisory Group will consult appropriately and take account of:
    The range and nature of difficulties facing family members;
    Existing barriers, (including cultural and linguistic) to access to services and support; customer service issues; and best practice.
  3. The Family Law Pathways Advisory Group will report to the Government within 6 months of its first meeting with recommendations for action, including mechanisms for taking those recommendations forward.

Please attach any information or examples of the range and nature of difficulties family members face when confronted with relationship breakdown, existing barriers, (including cultural and linguistic), to access to services and support including customer service issues, best practice that has been shown to make a positive difference in assisting families facing relationship breakdown.

Do you have any additional comments to make or do you wish to provide further information

The following is a suggested framework for response.

Stronger and clearer pathways to early assistance are needed to ensure people facing relationship breakdown are directed to services most suitable to their needs.

We want to see a fairer entry point to the system. Dads believes that the entry point to Family Law should be the at the exit door of the relationship. All separated couples should be required under the Law to Lodge parenting plans even if no conflict exists.

The rational for this is that the party that leaves the relationship is better prepared and therefore has an emotional and legal advantage. This situation leaves every child in an intact relationship at risk. Parents are able to ripe children out of their home, educational and social environments thus securing Primary Care, the Status-Quo and most likely interim Residency. Once that position is secured the non-resident party is disadvantaged, interim residency translates into a superior bargaining position.

This situation provides a vehicle to any parent to gain the upper hand in the process of conciliation, mediation and arbitration of substantive issues. Often the party most effected becomes emotive in reaction and thus diminishes their ability to be appropriately heard. Those who cannot afford the cost of legal representation and seek a place at the discussion table via legal aid are subjected to a test of Merit.

Prospect of success will generally stand with the resident party thus locking the non-resident party out of the process, this is a denial of natural justice and can in no way represent the best interests of children.

We need a pathway that brings all Parties to the negotiating table equal.

The starting point to conflict resolution must be an exeptance of the principle that the children have a right to equal time with both parents.

We would support a model that provides;

  • Individual counseling for the parties; Separation counseling to established a position regarding the children and property
  • Conciliation; To establish points of agreement/Disagreement
  • Mediation; To develop Issues in Agreement allowing for a parenting plan to evolve over time
  • Arbitration To settle issues in dispute
  • Judicial Intervention The presentation of the matter under the above model gives the judiciary appropriate tools to make small decision, orders to settle the issues in dispute thus the final outcome rather than ordering the final outcome

    The principles of Solution Focused Counseling should be applied at all levels

    Senior Members of the Families with significantly connected relationships should be enlisted to assist in the process as advocates/mentors.

    Children’s representatives should be Child Counselors not solicitors and should be chosen by agreement of both parents.

    All stages of this pathway must be transparent to the trial judge, Reporting Experts and Separate representatives should a judicial intervention be required and should contain a gender balance.

    In regard to Allegation that go to Parental Fitness or that raise Child Protection Issues

    • All allegations should be dealt with by existing statutory authorities established by State/Federal Legislatures.
    • All unsubstantiated allegations should be struck by registrars and not seen by trial Judge, Reporting Experts, and Children’s Representatives.
    • Existing laws relating to false Statements to Statutory Authorities Must be enforced
    How can these pathways be provided?

    We believe that Domestic Violence bodies/wings at regional courts should be expanded to be the entry point for Family Law, the shop front. This should be done via amalgamation of the present Domestic Violence Bodies with existing Community Justice centers and the establishment of a Federal Marshall System to investigate and prosecute all Family Law breaches.

    * How can families facing relationship breakdown be helped to minimize conflict, manage change more productively for themselves and their children; and meet new family obligations and commitments ?

    By reform that targets the discriminatory nature of the system

    * How can targeting, coordination and accessibility of information; and support for families during transition to and settling of new arrangements be improved ?

    By the provision of Seed Funding and ongoing financial commitments to support groups such as Dad’s

    * How can service delivery be better coordinated between the range of relevant agencies and professionals (both public and private) involved in assisting families interacting with the system ?

    By provision of a single focused Family law process that has a single entry point. By the Creation of networks between the Administrative Judicial and Political Arms of the system and social support groups such as Dad’s that allow for and encourage critical appraisal of the system, the participants and the decision/outcomes. Creating roles for such groups in a review process conducted by the three arms of the process on a regular basis.

    Other Issues
    The Future Directions report highlights the fact that high rates of settlement does not indicate a healthy system, if fact Dad’ believes the system is extremely unhealthy.

    There has been many changes in parental roles since the introduction of the FLA in 1975.

    Some of these changes include
    • Both parents in full time work
    • Mothers in full-time work/pt work
    • Fathers in part time work
    • Fathers not working.
    • Presence of Fathers at birth of children.
    Outcomes in Family Law do not reflect these trends. Section 121 has limited public scrutiny of its outcomes, there is no public Discourse. The act was intended to be an evolving document reflecting community attitudes The Judicial Arm of the system is isolated and detached, out of touch with is constituency, class biased.

    Dad’s, through it clientele, can provide critical assessment of judgments/outcomes.

    We believe that these changed community standards demand that this committee recommence that;
    • Dad’s and other such groups be funded to develop proposals targeting ways to provide critical analysis of judicial decisions and general outcomes.
    • That the principle of primary care and status quo be replaced with a principle that assumes shared care 50/50 at the exit point of the relationship
    • That legislation be passed by the necessary jurisdictions requiring both parents approval to; A) Transferee all children in Australia from and between schools
      B) To obtain a visa to exit the country
      • That cost of collection and return for contact be included in the cost of raising a child so as to effect support payments and thus requiring both parties share in this essential cost.
      • That rules of evidence must apply in Family Law matters
      • That rules of perjury must apply in Family Law matters
      • That the State must take responsibility for the enforcement of all Family Law orders
      • That the Merit Test for legal aid must be removed in order to provide Fair Access to the Family Law system.
      Dad’s believes the system is Discriminatory due to the structure of Family law processes.

      We believe that the problems facing contact parents and parents who have been alienated from their children by the present system is such that it requires an open public inquiry to inform the public of the state of the present system and develop an overall pathway to reform at a Legislative level.


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