Proposed domestic violence bill not necessarily the answer to shared custody disputes

June 18, 2020

A private member’s bill has been introduced into parliament by Federal Labor MP Graham Perrett in response to the shocking murder of Brisbane woman Hannah Clarke and her three children at the hands of her former partner.

The family law bill aims to remove what Mr Perrett describes as confusing laws around child custody arrangements.

As it is, the family law assumes parenting should be shared equally between parents who have separated - regardless of either party’s conduct or history of domestic violence.

Mr Perrett told parliament “There is a widely held misconception that equal shared responsibility means equal shared care. ”

“This misconception sets up a false expectation that parents have some right to guaranteed equal time with their children. “

“This can incentivise an abusive partner to litigate their parenting dispute. It may lead to a parent agreeing to an unsafe parenting arrangement, in the belief that they have no choice.”

Scammell & Co. have a highly experienced Family Law team providing child custody advice and best outcomes to parents going through a separation or divorce. Please contact us either by calling 8447 4466 or via email: reception@scammell.com.au to arrange a confidential intial appointment.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

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