Draft Manifesto

Manifesto

of Parents and Friends for

Progressive Reform of the Family Court System in Australia

Draft 21 June 2006

In the best interests of children of separating parents, we seek the following changes to the Family Court system of Australia (Family Court of Australia, Federal Magistrates Court of Australia, and Family Court of Western Australia).

1. Adoption of a Rebuttable Presumption of Equal Parenting Time. As a presumption, it does not apply where there exists violence of other forms of abuse.

2. Where parents have Equal Parenting Time, there is no need for either parent to pay Child Support regardless of their respective incomes.

3. Where parents do not have Equal Parenting Time, Child Support is provided to the majority resident parent by the minority resident parent to a maximum of $100 per week for the first child, and $50 per week for each additional child, irrespective of the age of the child until the child reaches 18 years of age from which time all Child Support obligations would cease.

This rate would decrease pro rata for the hours the minority resident parent spends with the child. For example, a minority resident parent who spends an average of 21 hours per week with their child would pay $75 per week for the first child. A minority resident parent who spent an average of 63 hours per week would pay $25 per week for the first child.

Child Support payments would not apply to a minority resident parent who is earning $400 per week net or less. For net income $400 to $500 per week, the minority resident would pay a percentage (eg $450 per week they would pay 50% of the required amount, $470 per week they would pay 70% of the required amount) and at $500 or more they would pay the full amount.

Where a minority resident parent has a reduction in income in the $400-$500 per week net range, or similarly an increase, changes to Child Support would apply immediately.

4. With changeovers, parents pick up, they do not drop off. This ensures changeovers are reciprocated, and if any parent is late, the other parent enjoys more time with their child.

5. Residency relates to the location where separation occurs. If one parent moves more than 30 minutes driving from this point then they will be responsible for both pick ups and drop offs. If they move interstate, they will be responsible for airfares during holiday visits.

If both parents move more than 30 minutes drive from the original place of separation, responsibility for (time and costs) is calculated by a ratio equal to the ratio of the respective distances beyond the 30 minute driving limit.

6. Parents who are found to have made false allegations in their Affidavits will be penalized with Community Service (eg 100 hours for false allegations of domestic violence or child abuse).

7. That statistics are made publicly available for the following:

1. Number of incidences of separation in Australia for each year
2. Of these, (1.) the number of incidences of separation involving children
3. Of these, (2.) the percentage resolved without need to go to the Family Court system in Australia.
4. Of these, (3.) the percentage with an Equal Residency outcome.
5. Of those that go to the Family Court system in Australia, the percentage where both parents seek Equal Residency (or more).
6. Of those that go to the Family Court system in Australia, the percentage which result in

• 6.1 Equal Residency 182/3 nights
• 6.2 Shared Residency 146-219 nights but excluding Equal Residency 182/3
• Nights
• 6.3 Major Residency 220-255 nights for the father
• 6.4 Sole Residency 256+ nights for the father
• 6.5 Substantial Residency 110-145 nights for the father
• 6.6 Less Residency 0-109 nights for the father

7. Of those that go to the Family Court system in Australia, the percentage involving chronic domestic violence [and citing gender(s) of the perpetrator(s) ]

8. Of those that go to the Family Court system in Australia, the percentage involving physical or sexual abuse toward the child(ren) [and citing gender(s) of the perpetrator(s) ]

8. That reports of domestic violence or sexual abuse be properly investigated by the police - ie interviewing all parties concerned before an application for a Domestic Violence Order can proceed, and ensuring such reports are not neglected by falling in the crack between the police and the Family Court system.

9. That parents who are being uncooperative, or who are alienating the other parent, or who are psychologically manipulating the child(ren) can be reported by the other parent to the Family Court system and have this report investigated promptly. For parents who are found negligent, they should be penalized with Community Service, and if recalcitrant, risk losing some Residency.

10. That Family Relationship Centres apply the principle of a Rebuttable Presumption of Equal Parenting Time, where both parents want at least 50% time.

11. That it be mandatory for a separating couple to attend up to three mediation sessions at the Family Relationship Centre, each with a duration of four hours at a cost of $20 per hour for each parent after the initial four hours free of charge, before they can consult a solicitor or proceed to the Family Court system. For a parent who does not agree to Equal Parenting when it is sought by the other parent, they risk paying all legal expenses of the other parent should Equal Parenting be granted in the Family Court system.

12. For any parent who feels existing residency orders are not in the best interests of their child(ren), they can oblige the other parent to attend a Family Relationship Centre at a cost to the Applicant of $140 per hour, to reassess these residency arrangements in the context of a Rebuttable Presumption of Equal Parenting Time. If the applicant parent achieves no success in the Family Relationship Centre in drawing up a new Parenting Plan to replace existing orders, they could then have the matter heard in the Family Court system. If the Applicant parent loses, they would then be responsible for the Respondent's legal costs, but if they won, the Respondent would be liable.

13. That a 'substantial change of circumstances' constituting grounds for review of existing orders be adequately and comprehensively defined by the Family Court system.

14. That either parent can review residency arrangements once every four years without having to demonstrate a 'substantial change of circumstances'. When a Parenting Plan is drawn up following FRC mediation, it cannot be revoked or changed by either party unless there is a 'substantial change of circumstances' but it can be reviewed after four years. It can be amended at any time by mutual consent of both parents.

15. That Fathers are automatically awarded contact on Fathers Day and Mothers are automatically awarded contact on Mothers Day whether or not it falls in their contact period, and with no makeup time required (unless they mutually agree otherwise).

16. That if there is no consensus on which family name to use for the child(ren), then boys will take the Father's family name (with the Mother's family name being a middle name only) and girls will take the Mother's family name (with the Father's family name being a middle name only).

17. If a parent is leaving the country with a child under the age of 16, without the other parent, and whether the parent is single or still happily married, that parent must have written consent from the other parent on a form stamped by the Family Court system. (Where the other parent is deceased, or deemed not contactable, or where the wishes of the other parent have been overridden by the Family Court system, the Family Court system can stamp the consent form without the other parent's signature).

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For critique and feedback on this draft Manifesto, or if you would like to be involved in its development, contact Geoff Holland at prism@optusnet.com.au with the subject heading 'Manifesto'.
(Reproduced here with the permission of the author, Geoff Holland, from the fathers4equality discussion group on Yahoo)