Family Law Reform

Evaluate the effectiveness of law reform in achieving just outcomes for family members
The Australian family law system aims to provide just outcomes for family members through its role in maintaining fairness, justice and equality. However, many flaws and faults still exist in the system that does not always result in the most beneficial outcome for all family members. Due to the constant change and shifts in beliefs towards families in today’s society, law reform is a fundamental aspect in ensuring that the rights of family members are always protected. From the recognition of same sex couples in Australia to the increased protection of domestic violence victims and family members, it can be seen that the legal system is responsive in meeting
As society has shifted its beliefs and attitudes towards same-sex couples, with increased acceptance, the law must be adaptive and responsive to provide same-sex couples with increased rights and legal recognition under Australian law. The recognition of same-sex relationships in Australia has increased dramatically where gradually, more jurisdictions provide couples with same rights and obligations as heterosexual couples, highlighting the efficiency of the legal system. Hope and Brown v NIB (1995) initiated law reform momentum, in which the couple successfully argued that the NIB health fund discriminated against them by refusing to grant them a ‘family’ status policy due to their family arrangement and sexual orientation. The Equal Opportunity Tribunal found this to be discriminatory and hence, the Property (Relationships) Legislation Amendment Act 1999 legally recognised same-sex couples as de facto unions under federal law, entitling them to receive benefits previously not accessible. This significant legislative change gave same-sex couples access to the District Court to divide property, claim financial maintenance and inheritance rights, previous rights which were denied. This legislative breakthrough created precedent for same sex couples to be recognised as a family and is
The released reports from the AIFS have shown that this new legislation has been harmful to children, with expressed concerns that the Family Law Act is responding to men’s demands for increased time with children, neglecting women and children’s safety. As seen, law reform aims to protect all family members, however balancing the rights of all individuals is not always achievable. Furthermore, the reports have shown that shared parenting has discouraged mothers from reporting family violence concerns due to the emphasis on facilitating the child’s relationship with the father, furthering the abuse. Law reform must ensure that changed procedures do not endanger or disadvantage women and children as separation often place them at a higher risk of family violence. Following domestic violence victim, Andrea Patrick’s death, this led to the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011. This legislation paved way for prioritising the victims’ safety over other considerations, including the child’s meaningful relationship with both parents. This however does not ‘roll back’ the shared parenting reform and parenting arrangements made will still be considering relationships with both parents if no signs of abuse is clear, ‘…law needs to amend the legislation so that victims of