Canberra Times

Family law changes to go under microscope

BY TOM SKOTNICKI

23/11/2008 9:21:00 AM

THE DEPARTMENT of the Attorney-General will research the effects of changes to the controversial 2006 Family Law Act designed to improve custody outcomes for men.

But it is unclear whether the research reflects Government dissatisfaction with the changes, introduced by the Howard government. The changes have been criticised for making it more difficult for women subjected to family violence to pursue their custody rights.

The Domestic Violence Research Centre says the changes expose victims to the risk of further violence by requiring their attendance at resolution conferences unless the allegations of violence can be proved.

The centre, funded by the Victorian Department of Human Services, has also objected to the concept of ''equal shared parental responsibility'' as the starting position for custody agreements regardless of whether it was in the best interests of the child or reflected the situation before the separation.

The two research projects, with a combined budget of up to $600,000, are due to be completed by February 2010.

One project will focus on family violence during relationship breakdown and its effect on the legal process and court decisions on custody.

The second study will examine shared care arrangements that work in the child's interests.

The 2006 changes introduced Family Relationship Centres which require parents to seek mediation before going to court.

Attendance at the centres or the appointment of a family dispute resolution provider is required except where there has been family violence. The changes also promote the concept of equal shared responsibility as the starting position for the care of children.

The task of researching the impact of the changes was given to the Australian Institute of Family Studies. But there is no indication how the new research projects will dovetail with research being undertaken by the institute.

A spokesperson for the institute said it had no comment.

And a representative of Attorney-General Robert McClelland was not available for comment.