Latest news
Current information and news from the Family Law Council.
Improving Post-Parenting Order Processes report released
The report Improving Post-Parenting Order Processes has been released for publication by the Attorney-General. The Government is considering its response to the report. The report is available in the publications section of this web site and we have attached a link which will take you directly to the report. The terms of reference for the report are set out below.
Terms of Reference
In the light of the Every picture tells a story report and the Government’s proposed response to that report outlined in the discussion paper released on November 2004 and entitled A New Approach to the Family Law System, the Family Law Council consider:
- how family law processes can better deal with the need to vary parenting orders from time to time as family circumstances change; and
- the need to distinguish variation issues from situations of serious non-compliance with court orders,
taking into consideration:
- the proposed changes to the family law system in response to the Every picture tells a storyreport, as outlined in the discussion paper released on 10 November 2004, particularly the potential role of Family Relationship Centres in assisting families to resolve parenting order variation and compliance issues;
- the role of court orders generally in structuring post-separation parenting arrangements and whether courts need greater flexibility in dealing with post separation parenting arrangements;
- how court orders might be better drafted to reduce the likelihood of subsequent disputes;
- the desirability of court orders including alternative processes, particularly primary dispute resolution processes for dealing with changes in circumstances and resolving subsequent disputes, such as a contact orders program or post separation parenting program;
- the desirability of encouraging parties to include in their agreements primary dispute resolution processes for dealing with changes in circumstances and resolving subsequent disputes;
- the procedural and cost barriers to bringing contravention applications in relation to serious non-compliance matters; and
- any other matter that may be relevant.
Additional term of reference
On 28 February 2006, Council received the following additional reference:
Mandatory Penalties for a Third Breach of Parenting Orders
Further examine the recommendation of the House of Representatives Standing Committee on Family and Community Affairs in the Every picture tells a storyreport that a court should give consideration to a parenting order in favour of the other parent, where there is a third breach within a pattern of defiance of court orders. In particular consider and make recommendations about whether it is appropriate for there to be mandatory penalties for a party that has breached a parenting order for a third time in the Family Law Act 1975.
This examination should consider the Government response to that report which did not support this recommendation.
Family Law Council tables its annual report
The Family Law Council’s Annual Report for 2006–2007 was tabled in Parliament, out of session, on Friday, 26 October.
The report describes another productive year at the Family Law Council. Council’s report on Collaborative Practice in family law was released in February 2007 to a very warm reception. Council also released a discussion paper on arbitration of family law property and financial matters in May 2007, and has consulted with bodies such as the ALRC and the Attorney-General’s Department on a variety of issues relevant to family law. In addition, Council welcomed several new members, including Deputy Chief Justice Faulks of the Family Court, Federal Magistrate Sexton and Federal Magistrate Hartnett.
The report also provides information on the Council’s membership, operation and history.
New Appointments to the Family Law Council
On 27 September 2007 the Attorney-General announced four appointments to the Family Law Council.
Professor John Wade was appointed as the new Chair of the Council. Professor Wade has extensive experience as a mediator and as an author in the fields of family law and alternative dispute resolution and was previously a Member of the Council from 1988 to 1990. His appointment will run for three years.
Justice Garry Watts, Ms Nicola Davies and Mr Clive Price were also reappointed as Members of the Council for three year terms.
Arbitration Discussion Paper submissions closed
The discussion paper The Answer from an Oracle: Arbitrating Family Law Property and Financial Matters was released on 1 June 2007. The paper discusses the potential advantages and disadvantages of arbitration and ways in which use of arbitration for family law property and financial matters might be encouraged. Council sought comments on the matters raised in the paper. The closing date for comments was 13 August 2007.
Council has received some very detailed submissions from the major stakeholders in family law and is presently considering the matters raised in those submissions.
Statistical Snapshot for 2003 to 2005 released
The Statistical Snapshot for 2003 to 2005 has been released. This is the third edition of the Family Law Council’s statistical report on aspects of the Australian family law system.