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This article outlines the key findings of a study designed to highlight the particular issues that mandatory reporting of child abuse raises for adolescents and those who have a professional role with them. The report is entitled 'Family violence: young people and youth sector workers informing government about the implementation of mandatory reporting in Victoria,' by Danny Sandor, Youth Affairs Council of Victoria, and Julian Bondy, Department of Community Services Administration, Royal Melbourne Institute of Technology.
Alexander, L . Australia's Child Support Scheme: much promised, little delivered?
The Child Support Scheme was established in 1988-89 with the central aim of overcoming the extremely low rate of payment of child support by non-custodial parents. Today, it is debatable whether the collection rate has improved to the extent claimed by the government. It is also apparent that the way in which the legislation has been implemented has resulted in serious problems for custodial and non-custodial parents. The author outlines these deficiencies but argues that the problems in effecting the legislation should not be allowed to obscure the fact that the basic legislative conception of the scheme was sound, and the scheme, through a number of reforms could be made to operate far more effectively than it has to date. Issues addressed include: collection rate, collection enforcement, delivery of payments, split between bureaucracies, client relations, discrimination against Stage One children, and discrimination against non-custodial parents.
Boland, J . The role of Australia's Family Law Council.
This article briefly describes the role of the Family Law Council, an advisory body set up to advise the Attorney-General on the operation of the Family Law Act and related legislation, legal aid in family law, and any other relevant matter.
Brown, C . Strategies for intervention in difficult contact cases.
The trauma for those involved in family breakdown can be exacerbated when parents are in conflict over access to their children. The author discusses new solutions for difficult contact cases including those proposed by the Australian Law Reform Commission in its paper, 'For the sake of the children'. The article begins with an overview of the background to this issue looking at the parent-child contact. Before looking at some of the alternatives for intervention in difficult cases being tried by the Family Court of Australia, the author reports on some of the pressures for change. They concern: including children in the decision making process in view of the United Nations Convention on the Rights of the Child and the Australian Law Reform Commission's research findings into difficult contact cases. Next, the Family Court's search for solutions to difficult cases are discussed. They include: dispute resolution other than through litigation, a proposed single Primary Dispute Resolution service, and two pilot intervention programs - the Co-Parenting Program and the Family Conciliation Group Program. Finally the author describes a program operating in California where persons known as Special Masters adjudicate and/or mediate difficult contact cases.
Craig, G., Clarke, K. and Glendinning, C . The state versus lone parents? The British Child Support Act in practice.
Opposition to the British Child Support Act 1991 has been widespread and hostile. The authors assert that the British government, in placing one objective - the reduction of benefits expenditure on loan parents above all others has not only compromised the possibility of meeting any of the other objectives of the legislation but also, in the light of events, been forced to reveal the real ideological agenda behind its claim to be concerned with the welfare of children. The authors outline the origins and early history of the Act and its executive arm, the Child Support Agency (CSA), and raises some questions as to what the outcomes, as opposed to the stated objectives, of the legislation may be.
Funder, K . Relative poverty: family and child perspectives on justice.
This paper explores some of the implications - social, psychological and legal - of relative deprivation in the context of families and divorce. Relativities have a subjective component and in examining some intra-familial relativities the child's view is included. The author examines the sources of relative poverty in society. She points to the multiplication of poverty in different family types. The risk of poverty in sole parent families, mother headed families in particular, is much higher than in childless families. Sole mothers risk poverty both on pensions and in the workforce. An essential anti-poverty measure is an adequate minimum wage rate. Another, is access to superannuation which reduces the risk of poverty in old age. Family law reform is needed to ensure superannuation is shared automatically and fairly on divorce. Home ownership can offer a way out of poverty as it is an integral part of the secure base from which poor people, including sole mothers, can move to self-sufficiency. Next, the author extends the notion of relative poverty into the microcosm of the family, and in particular the family as it makes its way through divorce. She draws on comments made by children of separated parents. The comments illustrate the children's observations on the justice of the division of responsibility for their support. In response to the children's concerns that maintenance was inadequate or not paid, the author argues that the Child Support formula needs to be looked at from a child's point of view.
Funder, K . Some salient issues in family law.
'Respect for diverse cultural beliefs and practices and the administration of just and equal treatment before the law is nowhere more challenging than in the sensitive realm of family law'. The author reflects on articles appearing in this issue of Family Matters (no.42 Spring/Summer 1995) which offer examples of the dilemmas of law in a pluralistic society. Issues addressed include access to justice for Aboriginal people and recognising Aboriginal cultural diversity, the undervaluation of women's contributions to marriage through their unpaid work in matrimonial property distribution, whether the gender of judges affects the delivery of justice, and the child support scheme and the non-payment of child maintenance.
Funder, K . What Australians think about parental responsibilities.
Imminent changes to family law, set out in the Family Law Reform Act No.1 (Children) will alter the way the law talks about parental responsibilities for their children after separation. The author describes a current study of the Australian Institute of Family Studies commissioned by the Attorney General's Department to evaluate the impact of these reforms.
Harrison, M . Grounds for divorce in Australia and England.
The author examines proposed changes to English divorce law set out in the English Divorce Bill. These changes would essentially make English law more like Australian law by leaving irretrievable breakdown as the sole basis for divorce. The fault bases for establishing irretrievable breakdown would also be removed by the changes. The author describes the current situation in Australia and Britain. She concludes that in the context of Australian family law, the English proposals appear unnecessarily bureaucratic, cumbersome and somewhat confused. She welcomes the removal of mixed fault, no fault grounds and the adoption of irretrievable breakdown. The provision of information sessions will also be of assistance, but suggests the consolidation of divorce and ancillary matters such as arrangements regarding children and the allocation of property has the potential to increase litigation.
Harrison, M . News from the Family Court.
The author discusses a recent decision of the Full Court of the Family Court which focuses on several important issues relating to disputes involving children of mixed race parentage. The case B and R and the Separate Representative (1995) FLC 92-636 involved a two year old girl who had been living in Tasmania with her white Australian father for nearly 15 months. Her Aboriginal mother lived in Victoria. Both custody and access were at issue and at first instance custody was granted to the father and access to the mother. The appeal involved three inter-related issues: removal of the child from her natural Aboriginal environment, differential treatment and separate representation. The author also discusses the background to and findings and recommendations of a recently released discussion paper: 'Representing the child's interests in the Family Court' prepared by a Family Court committee.
McGurk, H . Director's report.
The author comments on the announcement of two recent government reviews of children's services in Australia and proposes that it is important that they are informed by extensive debate about the kind of service that will best serve the needs and interests of the principal stakeholders in Australian child care, the children and their families, as well as society at large. The author identifies a number of issues that should be considered in the planing of a quality child care service which is fit for its purpose of sharing in the parenting of the nation's children. It will require, among other things, to be staffed by professional personnel.
Nicholson, A . Indigenous customary law and Australian family law.
In discussion of Aboriginal and Torres Strait Islander customary law, the emphasis has been more on land law and criminal law than on the operation of family law. The author argues that we should seriously examine the ways in which indigenous customary law as it affects the family can be recognised within the Australian legal system. The recommendations of the Australian Law Reform Commissions 1986 report, 'The Recognition of Aboriginal Customary Laws', report no.31 are used as a basis for looking at the specific issues in the area of the family, namely: marriage, custody issues, child protection and care legislation, and adoption. The author argues that the problem of the incorporation of Aboriginal and Islander customary law cannot be adequately solved without addressing the issues of access to justice by Aboriginal and Islander people and without the courts themselves taking steps to become aware of the customs and culture of indegenous people. Developments in this area are described. They include: the setting up of an Aboriginal and Torres Strait Islander Awareness Committee, cross cultural training of judges and court staff in the top end and centre of the Northern Territory, initiatives in Darwin and Alice Springs, and the extension of counselling services to the Torres Strait Islands.
Sandor, D . Moving stories: recent cases on custodial parents wanting to leave Australia with the children.
The author comments on two recent judgements of the Full Court of the Family Court of Australia which considered the law governing a custodial parent's mobility rights. In both cases the issue was whether a custodial parent can change where she or he lives when the change would result in the other parent not being able to have contact with the child on a regular basis. The similarities and differences between the two cases are examined as well as the direction of law they indicate for the development of law in mobility cases. The author concludes that the judgements reflect a strengthening judicial emphasis upon viewing the welfare of children as intrinsically connected to the psychological and economic wellbeing of the primary caregiver. a quality child care service which is fit for its purpose of sharing in the parenting of the nation's children. It will require, among other things, to be staffed by professional personnel.
Tomison, A . New measures for combating child sexual assault.
The author discusses aspects of a recently released Victorian report
that proposes a new comprehensive model for the investigation and
alleviation of child sexual assault. The report entitled 'Combating
child sexual assault: an integrated model, first report' was put out
by the Victorian Parliamentary Crime Prevention Committee. The
Committee's report represents a shift in focus
away from the current welfare model back to the stronger law and
order approach, where importance is placed on bringing sex offenders
to justice, and the primary child protection role is the
investigation and substantiation of sexual assaults. Under this
model child and family support and counselling appears to be given
an important but subsidiary role. Issues addressed include: the
team approach to child protection, the role of police, the role of
Health and Community Services staff, perpetrators, the treatment of
the offender by the criminal justice system, rehabilitation of the
offender, adolescent sex offenders, and child abuse prevention.
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