Legal fraternity backs Budget's family court reforms

17th May 2017 3:30 PM
Opening of the new Court House, Justice Precint  in Coffs Harbour. Smoking ceremoney, Andrew Fraser MP,Mark Flanders, David Carriage [smoker], Ms Cassandra Banks, The Hon. Brad Hazzard MP.


28 January 2015.
Photo Leigh Jensen / Coffs Coast Advocate The Coffs Harbour Court House. Leigh Jensen

LOCAL family lawyer Heather McKinnon has welcomed the Turnbull Government's Federal Budget commitment to family law services, saying the committment is long overdue support for children and young parents.

The Commonwealth Government has announced the first comprehensive review of the Family Law Act in 40 years, as well as $80 million in funding for frontline family law services.

Family Lawyer Heather McKinnon, who practises with Slater and Gordon in Coffs Harbour, said the introduction of parental management hearings and extra family consultants could divert many relatively trivial matters away from court.

 

Slater and Gordon family lawyer Heather McKinnon. Photo David Barwell / Coffs Coast Advocate
Coffs Harbour family lawyer Heather McKinnon. David Barwell

"Australia used to have a world class family law system, but more recently the courts have been overwhelmed by smaller parenting disputes that divert attention away from more serious cases," Ms McKinnon said. 

"Some of the most common smaller disputes tying up Family Court resources include: 

  • Which school or preschool the children should attend;
  • Scheduling and frequency of telephone or video calls with the children;
  • Drop-off and pick-up arrangements, including whether they will attend each other's houses or meet on common ground somewhere in the middle;
  • How many nights the children will spend with each parent and when;
  • How school holidays are shared;
  • Who should pay for costs of visits, including petrol costs driving between houses.

Ms McKinnon said when the docket is overflowing with smaller matters, the more serious cases can either be excessively delayed or not given sufficient hearing time. 

"To put it in context, sometimes a judge will hear a school drop-off dispute next to a case involving allegations of physical violence or drug addiction," she said.  

"These more serious cases usually involve evidence from a clinical psychologist or child psychiatrist about whether parents are sufficiently rehabilitated to resume parenting responsibilities, or if there's still a risk of relapse that could endanger the child. 

"When there is increased pressure on judges reviewing these serious cases, there is a greater chance that a child could be placed in a dangerous situation, or not removed fast enough." 

Ms McKinnon said a family consultant trial program in Parramatta included in this year's budget could alleviate this risk by effectively providing 'triage nurses' for the Family Court.