Put kids’ safety first in family law
Survivors of family violence should be supported to build safer futures for their family.
But too often, perpetrators who use abuse against their partner, also wield that abuse against their children. And right now, confusing and complex Family Law legislation overly emphasises shared and cooperative parenting - which is difficult and dangerous when there has been a history of domestic violence.
The court’s current “equal shared parental responsibility” emphasis is so strong that children are being hurt, and survivors are being forced to maintain contact with a perpetrator who is harming them. Multiple reviews have highlighted the need for change.
Can you help show strong public support for changing the rules to put children’s safety first? Sign the petition to join the campaign for change.
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Many people believe the presumption of “equal shared parental responsibility” means equal time – in fact, the current rules result in many victims of violence agreeing to shared care arrangements with perpetrators because they believe it is required under the law. This can result in many children spending longer periods of time with perpetrators than is in their best interests.
Multiple reports have raised concerns about the impacts of equal shared parental responsibility on children when domestic and family violence is present. The Family Violence Law Reform Report of the Social Policy and Legal Affairs Parliamentary Committee recommended the removal of this presumption in 2017, and the Australian Law Reform Commission recommended the presumption be replaced in 2019.
Services have made clear that courts should not be assuming a predetermined outcome in family law - especially with such high levels of domestic violence in the system. The Morrison Government can protect children by removing the presumption of equal shared parental responsibility and instead making children’s safety the priority.