The Failure of Family Law Reform in Australia: Dirty Politics

family law

Community radio program Dads On The Air was in a singular position to cover and even, at times, to contribute to the years of government reports, committee inquiries, public debate and media coverage on reforms promoting cooperative care of children after divorce.

While our politicians could take us into unwise multibillion-dollar wars on the toss of a coin, or more precisely, an unwise allegiance to a dangerous ally, America — witness Iraq, witness Afghanistan, witness Ukraine — fixing our own internal war against fathers and fatherhood, propelled by ideologies birthed in the universities half a century ago, has proven beyond our political class.

Failure of Family Law Reform - StapletonConservative Prime Minister John Howard mounted an inquiry into shared custody in 2003, which gathered significant public support and positive media coverage, but then failed to act.

Lip Service

Australia’s politicians are frightened of the very monster they created, the literally hundreds of taxpayer-funded women’s legal services, advocacy groups, refuges, and an armada of feminist academics and activist judges.

All this multibillion-dollar army, benefiting from the demonisation of men, is arrayed against the unfunded, voluntary fathers and pro-family community groups that have no hope of getting their voices heard.

Howard ran his government in a 1980s managerial style. Endless inquiries, commissions and reports gave an illusion of action. Nothing ever changed.

He was finally embarrassed into taking action after a pesky journalist wrote a story noting that he had initiated dozens of inquiries, and instituted not a single recommendation from any of them.

Finally, two years after the initial report, the family law reform legislation was tabled in Parliament on 8 December 2005, again at a time of year when the public, and many of the major players in Australian media, were knocking off for Christmas holidays and not paying the slightest attention to politics. Another sleight of hand.

It was very dirty politics aimed to deceive.

Howard, a lawyer by training, had already appointed a replacement for the long-serving Chief Justice Alastair Nicholson, whom he knew perfectly well would do nothing to change the nature of the court. Her name was Diana Bryant, who would serve as Chief Justice for 2004 to 2017, and who would leave the court in just as parlous a state as her predecessors.

Too Little, Too Late

Then Attorney-General Philip Ruddock was left holding the can. His press release stated that the Family Law Amendment (Shared Parental Responsibility) Bill 2005 reflected the “Government’s determination to ensure the right of children to grow up with the love and support of both their parents.” It was little better than a lie.

Insisting on calling the extremely modest amendments to the Act “the most significant reforms to the family law system in 30 years”, Ruddock toured the country promoting his view of the progressive nature of the law changes. As always, when he came on Dads On The Air, he endured a solid grilling with good spirit.

These changes, essentially inclusions in the Objects of the Act to encourage judges to look at the notion of “shared responsibility”, were finally made into law by the Australian government headed by then Prime Minister John Howard in 2006 as a bipartisan initiative.

Too little too late and too easily overturned, Dads On The Air declared. And all directed at a court notoriously resistant to change. Sadly, we were proven correct. The many thousands of volunteer hours that fathers and family lawyers had put into pushing for reform were ignored. And a significant social movement swept under the carpet, buried as if it had never been.

Almost immediately following the election of a left-leaning Labor government headed by Prime Minister Kevin Rudd in 2007, the process of winding back even these modest reforms began in an entirely partisan way. In Australia, family law amendments had never previously been introduced without bipartisan support.

The debate continues to this day.

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Republished with thanks to A Sense of Place. Image courtesy of Adobe.

John Stapleton

John is the former and founding producer of the long-running community radio programme Dads on the Air.

John is the former and founding producer of the long-running community radio programme Dads on the Air.

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