Proposed domestic violence bill not necessarily the answer to shared custody disputes
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.
Considering a DIY Family Law Consent Order? You might be setting yourself up for failure.
While the Family Court's 'DIY Kit' provides information and guidance about making an Application for Consent Orders, we highly recommend that you obtain legal advice and assistance before attempting to draft the Court documents yourself.
In addition to the application form, you must submit Consent Minutes of Order detailing the terms of your financial/ parenting agreement with your former partner. Even if you both agree on the wording, if the Minutes are not drafted properly or if you fail to provide sufficient information to the Court, you will receive a requisition letter advising that your application was unsuccessful. Your former partner might then perceive your agreement as unfair and seek changes.
Poorly drafted Minutes could also result in future problems. For example, if your former partner refused to pay your settlement sum or in the agreed time, you could be left without non-litigious options to get your money. Or, what are reasonable terms for interstate and overseas travel with the children?
Our experienced Family Law solicitors have the knowledge and experience to foresee and avoid such difficulties. By tailoring your Minutes (and application form) to your individual circumstances, we can best ensure that you obtain orders in the terms agreed.
Natalie Lloyd
Solicitor
Family & De Facto Law | Divorce | Children/Parenting Matters
nlloyd@scammell.com.au
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.