Relationship break-downs are always distressing, especially if there are children involved. With forty percent of marriages ending in divorce, and many de facto relationships also going down the same road, there are literally thousands of children every year who experience loss, confusion, fear and sadly, in some cases, actual violence. The Family Law Bill was originally drafted as an amendment to the existing Family Law legislation, to protect children and families at risk of violence or abuse. A number of provisions were put before parliament, and there was a great deal of vigorous debate and lobbying by those with vested interests, all trying to influence the outcome.
Of particular concern by groups representing the fathers of children affected by separation or divorce, was the proposed changes to the shared parenting arrangements instigated by the previous government, and what that could mean in terms of their access to their children. Some experts in family law Sydney assisted these groups to make representations to parliament to have this issue fully debated.
One of the changes that caused concern was the broadening of what is considered legally to be family violence, arguing that almost any contentious issue within a family that caused dissent between the adults could be construed as family violence if the legislation was passed as originally drafted. By prioritising the safety of children in parenting matters, it was felt that this could, in turn, be grounds for a father to be denied access to his children.
Another issue was that of vigorously pursuing fathers who fell behind in their child support payments, supported by proposed changes to bankruptcy laws. Lobby groups argued that many fathers who went on to form another relationship found themselves disadvantaged because of their financial responsibilities to the spouse and children of the new relationship, while supporting the children from the previous one under a disproportionate financial arrangement.
The Family Law Bill was introduced to the lower house for its first reading in March 2011, had it second reading debated through May 2011 and passed its third reading on 30 May 2011. It was introduced into the Senate in June 2011 and after subsequent readings and amendments, was returned to the House of Representatives on 24 November 2011. With the lower house agreeing to the Senate amendments, the bill was passed by both houses on that day.
The Senate Committee took submissions from interested parties and some of the amendments served to address some of the concerns already expressed. However, in passing the Family Law Bill, amendments were also made to The Bankruptcy Act 1966 and The Family Law Act 1975. Family lawyers Sydney noted that these were mainly technical amendments.
Family law issues are almost always highly emotional, and the difficulty for the legislators is to make laws that are seen to be fair to all parties, but as stated in these amendments, that also treat the safety of children as the highest priority. It is hoped that the Family Law Bill has achieved that end.
Of particular concern by groups representing the fathers of children affected by separation or divorce, was the proposed changes to the shared parenting arrangements instigated by the previous government, and what that could mean in terms of their access to their children. Some experts in family law Sydney assisted these groups to make representations to parliament to have this issue fully debated.
One of the changes that caused concern was the broadening of what is considered legally to be family violence, arguing that almost any contentious issue within a family that caused dissent between the adults could be construed as family violence if the legislation was passed as originally drafted. By prioritising the safety of children in parenting matters, it was felt that this could, in turn, be grounds for a father to be denied access to his children.
Another issue was that of vigorously pursuing fathers who fell behind in their child support payments, supported by proposed changes to bankruptcy laws. Lobby groups argued that many fathers who went on to form another relationship found themselves disadvantaged because of their financial responsibilities to the spouse and children of the new relationship, while supporting the children from the previous one under a disproportionate financial arrangement.
The Family Law Bill was introduced to the lower house for its first reading in March 2011, had it second reading debated through May 2011 and passed its third reading on 30 May 2011. It was introduced into the Senate in June 2011 and after subsequent readings and amendments, was returned to the House of Representatives on 24 November 2011. With the lower house agreeing to the Senate amendments, the bill was passed by both houses on that day.
The Senate Committee took submissions from interested parties and some of the amendments served to address some of the concerns already expressed. However, in passing the Family Law Bill, amendments were also made to The Bankruptcy Act 1966 and The Family Law Act 1975. Family lawyers Sydney noted that these were mainly technical amendments.
Family law issues are almost always highly emotional, and the difficulty for the legislators is to make laws that are seen to be fair to all parties, but as stated in these amendments, that also treat the safety of children as the highest priority. It is hoped that the Family Law Bill has achieved that end.
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