Chief Justice Says AU family Law System May Need Scrutiny

It can be troublesome to try and deal with child custody lawyers in Melbourne and anywhere else in the country, with the current legislative system plagued with issues and hang-ups. According to the Chief Justice of the Family Court in Australia, the country’s current family law system should undergo a royal commission, should the reforms currently underway fail to address the many serious flaws in the system.

Outgoing Chief Justice John Pascoe said to the National Family Law Conference in Brisbane that family law had become increasingly, and unnecessarily complex.

Earlier in 2018, Attorney-General Christian Porter announced that there are plans to merge the Family Court and the Federal Circuit Court into one body, promising that this merger would help ease the significant delays and costs that people have to suffer through in the current system.

The Australian Law Reform Commission (ALRC) is also currently working on a review of the current system, to be finished by March of 2019, with the report to be submitted to the Federal Government immediately following conclusion.

From child custody lawyers in Melbourne to divorce solicitors in Queensland, many in the field have been critical of Mr. Porter’s proposal, which would be the biggest change in the sector ever since it was established back in the 70s, saying that any proposals should be put on hold until the ALRC delivers its findings.

Chief Justice Pascoe says that there have been about 50 major inquiries into the AU’s Family Law Act, but have argued that the topic might need further study before any major action can be undertaken. He says that if legislation and the ALRC report do not assuage the public’s concern regarding the current family law system, then that would be a clear sign of the necessity of a royal commission into the matter, which would allow for comprehensive public discourse by all the stakeholders on all elements on the system as well as the protection of children.

He says that continually tinkering with the system, which has been the matter-of-fact for the past 4 decades,  have only served to make the system unnecessarily complex, uncertain and expensive, while leaving major issues like the divide between child protection and the family law system untouched.

He says that, whatever happens and wherever the system proceeds to go, the focus has to be on the best interests of children and families across Australia; in ensuring their safety and welfare.