- Plan to Sweeten Custody Battles
- By JASON FRENKEL and NIKKI PROTYNIAK
- The Herald Sun
- 19/06/2003 Make a Comment
- Contributed by: admin ( 75 articles in 2003 )
FAMILY Court custody battles face an unprecedented overhaul under a bold plan to slash costs and defuse bitter hearings.
The bid to give judges a more active role in custody cases would effectively stop emotional mums and dads from bringing fiery family disputes into court. The radical revamp of proceedings, proposed by Chief Justice Alistair Nicholson, could be tested this year.
Justice Nicholson told the Herald Sun last night poisonous parental battles wasted the court's time and drove up costly legal fees.
Bitter courtroom arguments often neglected the interests of children, the Family Court's chief concern, he said.
"It might bring a great sense of satisfaction to two people who don't like each other to hold a general trial of each other's behaviour through a marriage," Justice Nicholson said.
"But it doesn't help very much in determining what should happen to the children. Cases often degenerate.
"A lot of it is rubbish, just irrelevant. It's frustrating to sit day after day listening to this stuff, when you know it's so far away from the issues."
The judge said the Family Court was examining trials modelled on some European court proceedings, where the judge decides the type of evidence presented by opposing parties.
One of his colleagues is finishing a report on the proposal, having just returned from a European study tour, and Justice Nicholson hopes to have a concrete plan within 5-6 weeks.
"We would do it in one particular registry of the court and we'd probably have to invite people to participate. But I think we can offer them something different," he said.
"It's an exciting concept and we're anxious to develop it further. We hope it will take a lot of the heat out of it."
Justice Nicholson was also critical of a plan being considered by Prime Minister John Howard to give divorced mums and dads automatic joint custody of their children.
Mr Howard is looking at a major overhaul of child-custody laws in a bid to give fathers greater access to children after marriage breakdowns.
The plan, which the Prime Minister is discussing with his colleagues, was welcomed by some family and parenting groups yesterday.
Matilda Bawden, president of the Shared Parenting Council of Australia, said it would force warring parents to get along.
Shared custody would benefit other family members, including grandparents, aunts and uncles, who may not see children after a divorce, Ms Bawden said.
But Judy Small, a family law associate at Slater and Gordon, said the plan ignored children's interests and wishes.
Joint residence was already available to parents if both agreed, but fewer than 3 per cent of divorcing couples wanted it, Ms Small said.
"It sounds wonderful, but in practical terms, where people are separated there's usually at least a lot of sadness and usually a lot of anger so I would suggest it is impractical," she said.
The bid to give judges a more active role in custody cases would effectively stop emotional mums and dads from bringing fiery family disputes into court. The radical revamp of proceedings, proposed by Chief Justice Alistair Nicholson, could be tested this year.
Justice Nicholson told the Herald Sun last night poisonous parental battles wasted the court's time and drove up costly legal fees.
Bitter courtroom arguments often neglected the interests of children, the Family Court's chief concern, he said.
"It might bring a great sense of satisfaction to two people who don't like each other to hold a general trial of each other's behaviour through a marriage," Justice Nicholson said.
"But it doesn't help very much in determining what should happen to the children. Cases often degenerate.
"A lot of it is rubbish, just irrelevant. It's frustrating to sit day after day listening to this stuff, when you know it's so far away from the issues."
The judge said the Family Court was examining trials modelled on some European court proceedings, where the judge decides the type of evidence presented by opposing parties.
One of his colleagues is finishing a report on the proposal, having just returned from a European study tour, and Justice Nicholson hopes to have a concrete plan within 5-6 weeks.
"We would do it in one particular registry of the court and we'd probably have to invite people to participate. But I think we can offer them something different," he said.
"It's an exciting concept and we're anxious to develop it further. We hope it will take a lot of the heat out of it."
Justice Nicholson was also critical of a plan being considered by Prime Minister John Howard to give divorced mums and dads automatic joint custody of their children.
Mr Howard is looking at a major overhaul of child-custody laws in a bid to give fathers greater access to children after marriage breakdowns.
The plan, which the Prime Minister is discussing with his colleagues, was welcomed by some family and parenting groups yesterday.
Matilda Bawden, president of the Shared Parenting Council of Australia, said it would force warring parents to get along.
Shared custody would benefit other family members, including grandparents, aunts and uncles, who may not see children after a divorce, Ms Bawden said.
But Judy Small, a family law associate at Slater and Gordon, said the plan ignored children's interests and wishes.
Joint residence was already available to parents if both agreed, but fewer than 3 per cent of divorcing couples wanted it, Ms Small said.
"It sounds wonderful, but in practical terms, where people are separated there's usually at least a lot of sadness and usually a lot of anger so I would suggest it is impractical," she said.
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