Family Law Council Consultation Submission Summary

The Family Law Council consultation sought to understand:

1. The extent to which the family law system upholds the rights of children and young people under the United Nations Convention on the Rights of the Child.
2. Whether or not particular parts of the family law system manage the participation of children and young people effectively.
3. What, if any, changes would improve the way the family law system upholds the rights of children and young people.

Safe and Equal’s response was informed by consultation with member organisations, particularly Djirra, to ensure Aboriginal and Torres Strait Islander-specific issues were included. The points raised in our response reflect both Safe and Equal and Djirra’s concerns about the family law system, as well as those of other member organisations and stakeholders.

Based on feedback from victim survivors, our member services and other allied organisations, Safe and Equal does not believe that the Australian family law system meets its obligations and upholds the rights of children and young people under the United Nations Convention on the Rights of the Child. The Australian family law system does not provide space and mechanisms for children’s voices to be heard and considered in decision making processes.

The prevalence of family violence in family court proceedings has a major impact on children. Children and young people are victim survivors of family violence in their own right and can experience family violence directly or indirectly. Family law processes and decisions that expose children to a perpetrator of family violence, even if the violence has not been directly perpetrated against them, can have devastating impacts for children and their welfare. Therefore, decisions made about a child’s future must be safe and based upon family violence expertise and should afford substantially more weight to the wishes and feelings of children than current practice.