Australia’s Shared Parenting laws finding favour in Britain



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Minister-for-Children-and-Families-Tim-LoughtonFIERCE debate over the success and safety of Australia’s shared parenting laws has been exported to Britain.

Australian-based fathers groups, which are advising British counterparts, yesterday welcomed public comments from Britain’s Minister for Children and Families Tim Loughton that his government was considering “legislative and non-legislative” means to promote shared parenting as part of a broad family law shake-up.

Mr Loughton also distanced himself from the recommendations of a government-commissioned review of family law that cited problems with the Howard government’s 2006 reforms to argue against shared parenting legislation. Lone Fathers Association of Australia president Barry Williams backed the British government stance, which goes against the key recommendation of the Family Justice Review chaired by businessman David Norgrove.

In his final report published late last year, Mr Norgrove said “thorough and detailed evidence from Australia showed the damaging consequences for many children” when courts compelled them to spend equal time with both parents.

This report was however immediately branded by many in family law, including the legal profession, as misleading, inaccurate, and  completely out-of-step with the overwhelming success and favour of Australia’s Shared Parenting legislation.

Critics have labelled  Mr Norgrove review as a fundamental failure,  given that it did not even demonstrate the most basic understanding of the very legislation it was condemning.

Fathers groups demanded the report be thrown into the dustbin, given the volumes of assumptions and innuendo it contained. Many have complained that Mr Norgrove completely ignored the Australian government’s own seminal review of  the shared parenting legislation, which interviewed almost 30,000 parents to have gone to Court under the new legislation, and found that it did not result in any increased risk of child abuse. In fact, the data seemed to indicate quite the opposite.

Elspeth McInnes, a policy adviser to the National Council of Single Mothers and their Children, said the direction of the British debate was “concerning” and based more on ideology that children had rights to both parents, rather than the primary focus which should be the protection of women and children from abuse.

“There is lot of evidence in the UK that the laws as they currently stand are not able to protect children from ongoing exposure to abusive parents,” Dr McInnes said. “If you have flaws in that system before you introduce shared parenting, introducing shared parenting is like pouring fuel on the flames.

“The system does not deal well with violence and abuse as it currently stands, either here in Australia or in the UK.

“The Gillard government last year introduced further changes to the law following criticisms that in instances of family violence, the Howard government’s Shared Parental Responsibility Act gave insufficient weight to child safety against the rights of parents, particularly fathers.

Among a series of recommendations for sweeping changes to British family law, Mr Norgrove warned against introducing legislation in Britain that implied a parental right to “substantially shared or equal time” with their children.”Drawing on international and other evidence, we opposed legislation to encourage ‘shared parenting,’ ” he said.

The final report included a detailed critique of Australia’s shared parenting laws by Melbourne Law School associate professor Helen Rhoades that cited the complexity of the laws and differing interpretations by the courts. However when seeking to explain how the current British laws were any less complex, or whether complexity itself should be the barometer of the success of the legislation,  Ms Rhoades provided no commentary.

Mr Loughton last week told London’s Daily Telegraph his government “must do everything we can to improve the system so that it gives children the best chance of growing up under the guidance of two loving parents”.

Many father’s groups have warned the government to start putting children’s rights ahead of the rights of divorced mothers, if they want to protect against the causes of the UK riots last year, which were roundly seen as being committed by children who were effectivively denied a relationship with their fathers, in large measure by a family law system that promoted sole maternal custody at any expense.

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