Complex contact cases and the Family Court

 

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Content type
Family Matters article
Published

June 1995

Abstract

The author examines a recent paper put out by the Australian Law Reform Commission on complex contact cases titled 'For the sake of the kids'. Complex contact cases are defined in the report as having frequent court appearances, repeated use of court counselling or mediation services, and legal aid. Parents involved in such cases are described as very hostile to each other over a long period and committed to continuing the dispute. A strong motive for the report is cost cutting because complex contact cases tie up huge amounts of court resources and legal aid money. However, the stated guiding principal of the report is the welfare of the children. Also discussed is the Family Law Reform Bill which introduces important changes in terminology and the ways the law approaches parents and children, endorsing parents as responsible adults who jointly make parenting plans for their children and continue to responsible for the lives of their children. Notions of ownership and exclusive control and terms such as custody and access are to be avoided.

The author examines a recent paper put out by the Australian Law Reform Commission on complex contact cases titled 'For the sake of the kids'. Complex contact cases are defined in the report as having frequent court appearances, repeated use of court counselling or mediation services, and legal aid. Parents involved in such cases are described as very hostile to each other over a long period and committed to continuing the dispute. A strong motive for the report is cost cutting because complex contact cases tie up huge amounts of court resources and legal aid money. However, the stated guiding principal of the report is the welfare of the children. Also discussed is the Family Law Reform Bill which introduces important changes in terminology and the ways the law approaches parents and children, endorsing parents as responsible adults who jointly make parenting plans for their children and continue to responsible for the lives of their children. Notions of ownership and exclusive control and terms such as custody and access are to be avoided.

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