Family Law Amendments will make welfare of children the primary concern

The Bill broadens the definition of "family violence" in tune with community perceptions and understanding to include not just actual or threatened physical or sexual assault but harassment, emotional manipulation, financial abuse, cultural, familial and friendship isolation and a range of dominating and controlling behaviours. The Bill expands the protection of children by expanding the definition of "abuse" and improving obligations on Court personnel (and independent childrens’ lawyers) to report child abuse to state and territory departments of child safety.

"Abuse" will now include "serious psychological harm" including harm caused by exposure to family violence.

The Bill imposes obligations on those involved in Family Law disputes (including lawyers and counsellors) to give advice to parents to consider the child’s best interests as the paramount consideration and prioritising child protection.

The Bill overcomes the reluctance of many parents (and their lawyers) to report family violence for fear of being "unfriendly" to child contact with the other parent and thereby at a disadvantage in parenting proceedings.

The "friendly parent" provisions are revoked - meaning that children are less likely to be at risk of exposure to abuse, neglect and family violence.

Mandatory Cost Orders in certain circumstances which have been a disincentive to the reporting of family violence and child abuse are removed and a new immunity from Costs Orders is afforded to those state and territory child protection authorities which intervene in parenting proceedings.

New mandatory Notices of Child Abuse or Family Violence are required to be filed in Courts and Courts are required to act promptly on allegations.

These proposed reforms will make a difference.

Family violence and child abuse are unacceptable and cannot be tolerated. Protection of our children should be front and centre in all proceedings in the Family Law jurisdiction.

The balance would be back with this Bill. Once again the best interest of the child as the paramount consideration would be the focus - and a future free from abuse, neglect and family violence a real prospect for all Australian children.