- Prison and fines to enforce family law
- By Patricia Karvelas
- The Australian
- 25/11/2003 Make a Comment
- Contributed by: admin ( 75 articles in 2003 )
A three-strikes plan, which uses the threat of fines and jail to force parents to meet their parental obligations after divorce, could be introduced under a draft proposal from the parliamentary committee charged with reviewing the Family Law Act.
Non-custodial parents, mainly fathers, who for example fail to pick up their children at the time dictated by Family Court orders would face "reasonable but minimum financial penalties" the first and second time they breach conditions. If the parent breaches the conditions for a third time and shows a "pattern of deliberate defiance", then all access rights could be withdrawn.
The parent could also face imprisonment if consistently continuing to breach court orders. The Australian has been told the fines are intended as a "wrap over the knuckles" to encourage the parent to correct their behaviour.
The Australian understands the recommendation is contained in a draft report distributed to members of the Family and Community Affairs Committee for their comment yesterday. The final report is due by the end of the year.
The draft report also is understood to recommend giving grandparents for the first time special status in custody hearings -- a proposal that could make it easier for them to gain custody of their grandchildren.
In addition, parents would have to include grandparents when developing their parenting plans, and to develop a range of strategies to ensure they are part of the mediation process.
The three-strikes recommendation flows from a series of hearings where children have told of the disappointment of waiting for parents who never arrive. While the Family Court can fine parents who fail to meet their responsibilities, it is understood that the committee members believe they do not use their powers enough.
Other recommendations being considered include requiring all separating couples to lodge parenting plans with a new tribunal.
The tribunal could include a child psychologist, a mediator and a family law expert.
This effectively would mean that custody disputes would be removed from the Family Court and dealt with by a tribunal.
Family Court Chief Justice Alastair Nicholson has attacked this proposal, describing it as unconstitutional and impractical.
The Prime Minister asked the Family and Community Affairs Committee to investigate a range of highly emotive issues, including automatic 50-50 child custody after divorce, when he announced the inquiry in June.
Frustrations over child custody and support consistently rank among the most common complaints raised with government backbenchers.
Non-custodial parents, mainly fathers, who for example fail to pick up their children at the time dictated by Family Court orders would face "reasonable but minimum financial penalties" the first and second time they breach conditions. If the parent breaches the conditions for a third time and shows a "pattern of deliberate defiance", then all access rights could be withdrawn.
The parent could also face imprisonment if consistently continuing to breach court orders. The Australian has been told the fines are intended as a "wrap over the knuckles" to encourage the parent to correct their behaviour.
The Australian understands the recommendation is contained in a draft report distributed to members of the Family and Community Affairs Committee for their comment yesterday. The final report is due by the end of the year.
The draft report also is understood to recommend giving grandparents for the first time special status in custody hearings -- a proposal that could make it easier for them to gain custody of their grandchildren.
In addition, parents would have to include grandparents when developing their parenting plans, and to develop a range of strategies to ensure they are part of the mediation process.
The three-strikes recommendation flows from a series of hearings where children have told of the disappointment of waiting for parents who never arrive. While the Family Court can fine parents who fail to meet their responsibilities, it is understood that the committee members believe they do not use their powers enough.
Other recommendations being considered include requiring all separating couples to lodge parenting plans with a new tribunal.
The tribunal could include a child psychologist, a mediator and a family law expert.
This effectively would mean that custody disputes would be removed from the Family Court and dealt with by a tribunal.
Family Court Chief Justice Alastair Nicholson has attacked this proposal, describing it as unconstitutional and impractical.
The Prime Minister asked the Family and Community Affairs Committee to investigate a range of highly emotive issues, including automatic 50-50 child custody after divorce, when he announced the inquiry in June.
Frustrations over child custody and support consistently rank among the most common complaints raised with government backbenchers.
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