Media Release by The Hon Larry Anthony MP

Government moves ahead on child custody

Joint Media Release with:

  • The Hon Daryl Williams AM QC MP, Attorney General

The Government has today announced an inquiry into child custody arrangements in the event of family separation.

This important step seeks to address community concerns about the operation of contact and child support arrangements for separated families and reflects the Government’s commitment to ensuring that, to the greatest extent possible, children have the benefit of the love and care of both their parents when a couple separate.

It follows the Government’s recent response to the Family Law Pathways Advisory Group’s report, “Out of the Maze – Pathways to the Future for Families Experiencing Separation”.

The Committee will be asked to look at what other factors should be taken into account in deciding the respective time each parent should spend with the child post separation having regard to the fact that the best interests of the child are the paramount consideration.

In particular, the Committee will examine whether there should be a presumption that a child will spend equal time with each parent and, if so, in what circumstances such a presumption could be rebutted. It will also look at the circumstances in which a court should order that children of separated parents have contact with other persons, including their grandparents.

The Committee will also be asked to look at whether the existing child support formula works fairly for both parents in relation to their care of, and contact with, their children.

The Committee is not expected to make recommendations for significant additional Government expenditure, but to look at the structure of existing arrangements.

There is compelling evidence that Australian children develop best when they grow up in stable, caring, nurturing and loving environments. However, it is a fact of life that families do separate. When this happens the child’s best interests must be the highest priority.

That is why the Government has worked tirelessly to try and make sure that children get the best possible outcome through the often traumatic experience when their parents separate.

The terms of reference for an inquiry to be undertaken by the Standing Committee on Family and Community Affairs are attached.

Terms of Reference to the Standing Committee on Family and Community Affairs

Inquiry into child custody arrangements in the event of family separation

Having regard to the Government’s recent response to the Report of the Family Law Pathways Advisory Group, the Committee should inquire into, report on and make recommendations for action:

  • (a) given that the best interests of the child are the paramount consideration:
    • (i) what other factors should be taken into account in deciding the respective time each parent should spend with their children post separation, in particular whether there should be a presumption that children will spend equal time with each parent and, if so, in what circumstances such a presumption could be rebutted; and
    • (ii) in what circumstances a court should order that children of separated parents have contact with other persons, including their grandparents.
  • (b) whether the existing child support formula works fairly for both parents in relation to their care of, and contact with, their children.
  • (c) with the Committee to report to the Parliament by 31 December 2003.