How Good Must the System Be Now? 
At the request of the committee, the Australian Parliamentary Library compiled the following list of family law inquiries and report.

The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1

The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1

Family law inquiry and report

• 1974 Senate Standing Committee on Constitutional and Legal Affairs, Law and administration of divorce and related matters, and the clauses of the Family Law Bill 1974, Final Report, October 1974.
• 1980 Joint Select Committee on the Family Law Act, Family law in Australia, August 1980. (volume 1 and volume 2)2
• 1986 P McDonald (ed), Settling up: Property and income distribution on divorce in Australia, Australian Institute of Family Studies, 1986.
• 1987 Australian Law Reform Commission, Matrimonial property, Report No. 39, 1987.
• 1987 Family Law Council, Access–some options for reform, 1987.
• 1988 Family Law Council, Arbitration in family law, February 1988.
• 1991 Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, The retiring age of judges of the Family Court of Australia, September 1991.
• 1992 Family Law Council, Patterns of parenting after separation, April 1992.
• 1992 Family Law Council, The interaction of bankruptcy and family law, June 1992.
• 1992 Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, Family Law Act 1975: Aspects of its operation and interpretation, November 1992.
• 1994 Australian Law Reform Commission, Equality before the law: Justice for women, Report No. 69, Part 1, 1994, Chapter 9: Violence and family law
• Australian Law Reform Commission, Equality before the law: Women’s equality, Report No. 69, Part 2, 1994.
• 1994 B Smyth (ed), Parent–child contact and post-separation parenting arrangements, Research Report No. 9, Australian Institute of Family Studies, June 2004.
• 1995 Australian Law Reform Commission, For the sake of the kids: Complex contact cases and the Family Court, Report No. 73, 1995.
• 1995 Joint Select Committee on Certain Family Law Issues, Funding and administration of the Family Court of Australia, November 1995.
• 1996 Family Law Council, Family law appeals and review: An evaluation of the appeal and review of family law decisions, June 1996.
• 1996 Family Law Council, Involving and representing children in family law, August 1996.
• 1996 K Funder and B Smyth, Family law evaluation project 1996: Parental responsibilities: Two national surveys: (Part one: Report), Australian Institute of Family Studies, 1996.
• 1997 Australian Law Reform Commission, Seen and heard: Priority for children in the legal process, Report No. 84, 1997. See: Chapters 13, 15, 16.
• 1998 Family Law Council, Child contact orders: Enforcement and penalties, June 1998.
• 1998 House of Representatives Standing Committee on Legal and Constitutional Affairs, To have and to hold: Strategies to strengthen marriage and relationships, June 1998.
• 2000 Family Law Council, Litigants in person, August 2000.
• 2001 Family Law Pathways Advisory Group, Out of the maze: Pathways to the future for families experiencing separation, AGD, Canberra, 2001.
• 2001 Family Law Council, Cultural-community divorce and the Family Law Act 1975: A proposal to clarify the law, August 2001.
• 2002 Family Law Council, Family law and child protection: Final report, September 2002.
• 2003 House of Representatives Standing Committee on Family and Community Affairs, Every picture tells a story: Inquiry into child custody arrangements in the event of family separation, December 2003.
• 2004 Family Law Council, Pathways for children: A review of children’s representation in family law, August 2004.
• 2004 Family Law Council, Recognition of traditional Aboriginal and Torres Strait Islander child-rearing practices: Response to recommendation 22: Pathways report, Out of the maze, December 2004.
• 2006 Family Law Council, Relocation, May 2006.
• 2007 Family Law Council, Collaborative practice in family law, February 2007.
• 2007 J McIntosh and C Long, Children beyond dispute: a prospective study of outcomes from child focused and child inclusive post-separation family dispute resolution, March 2007, prepared for the Attorney-General’s Department.
• 2007 Family Law Council, Improving post-parenting order processes, October 2007.
• 2007 L Moloney et al, Allegations of family violence and child abuse in family law children’s proceedings: A pre-reform exploratory study, Research paper No. 15, Australian Institute of Family Studies, 2007.
• 2007 D Higgins, Cooperation and coordination: an evaluation of the Family Court of Australia’s Magellan case-management model, prepared by the Australian Institute of Family Studies for the Family Court of Australia, 2007.
• 2008 D Semple, Future governance options for federal family law courts in Australia: Striking the right balance, prepared for the Attorney-General’s Department, August 2008.
• 2009 J McIntosh et al, Children beyond dispute: A four year follow up study of outcomes from child focused and child inclusive post-separation family dispute resolution, April 2009, prepared for the Attorney-General’s Department.
• 2009 R Chisholm, Family courts violence review, November 2009.
• 2009 Family Law Council, Improving responses to family violence in the family law system: An advice on the intersection of family violence and family law issues, December 2009.
• 2009 R Kaspiew et al, Evaluation of the 2006 family law reforms, Australian Institute of Family Studies, December 2009.
• 2010 Australian National Audit Office, Implementation of the Family Relationship Centres initiative, Performance Audit Report No. 1, 2010–11.
• 2010 D Bagshaw et al, Family violence and family law in Australia: the experiences and views of children and adults from families who separated post-1995 and post-2006, 2 vols, Monash University, University of South Australia, James Cook University, for the Australian Attorney-General’s Department, April 2010. (volume 1 and volume 2)
• 2010 J Cashmore et al, Shared care parenting arrangements since the 2006 family law reforms: Report to the Australian Government Attorney-General’s Department, UNSW, Social Policy Research Centre, May 2010.
• 2010 J McIntosh et al, Post-separation parenting arrangements and developmental outcomes for infants and children: Collected reports, prepared for the Australian Government Attorney-General’s Department, May 2010.
• 2010 Australian Law Reform Commission and NSW Law Reform Commission, Family violence–A national legal response, Report No. 114, 2 vols, November 2010. (volume 1 and volume 2)
• 2010 L Qu and R Weston, Parenting dynamics after separation: A follow-up study of parents who separated after the 2006 family law reforms, Australian Institute of Family Studies, December 2010.
• 2011 National Alternative Dispute Resolution Advisory Centre, Maintaining and enhancing the integrity of ADR processes, February 2011. See: Chapter 6: Family dispute resolution.
• 2012 Family Law Council, Improving the family law system for Aboriginal and Torres Strait Islander clients, February 2012.
• 2012 Family Law Council, Improving the family law system for clients from culturally and linguistically diverse backgrounds, February 2012.
• 2013 R Chisholm, Information-sharing in family law & child protection: Enhancing collaboration, Attorney-General’s Department, Canberra, March 2013.
• 2013 Allen Consulting Group, Research on Family Support Program family law services: Final report to Australian Government Attorney-General’s Department, May 2013.
• 2013 Family Law Council, Report on parentage and the Family Law Act, December 2013.
• 2014 KPMG, Review of the performance and funding of the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia, prepared for the Attorney-General’s Department, March 2014. (Appendices A-C; Appendices D-G)
• 2014 R Chisholm, The sharing of experts’ reports between the child protection system and the family law system, Attorney-General’s Department, Canberra, 2014.
• 2014 R Kaspiew et al, Independent children’s lawyers study: Final report, 2nd edn, June 2014.
• 2014 Productivity Commission, Access to justice, Report No. 72, 2 vols, September 2014. (volume 1 and volume 2) Volume 2, chapter 34 deals with the family law system.
• 2014 L Qu et al, Post-separation parenting, property and relationship dynamics after five years (Evaluation of the 2006 Family Law reforms), Australian Institute of Family Studies, December 2014.
• 2015 Family Law Council, Families with complex needs and the intersection of the family law and child protection systems: Interim report: Terms 1 & 2, June 2015.
• 2015 R Kaspiew et al, Evaluation of the 2012 family violence amendments: Synthesis report, (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
• 2015 R Kaspiew et al, Responding to family violence: A survey of family law practices and experiences (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
• 2015 R Kaspiew et al, Experiences of separated parents’ study (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
• 2015 R Kaspiew et al, Court outcomes project (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
• 2016 KPMG, Future focus of the family law services: Final report, prepared for the Attorney-General’s Department, January 2016.
• 2016 Family Law Council, Families with complex needs and the intersection of the family law and child protection systems: Final report: Terms 3, 4 & 5, June 2016.
• 2017 House of Representatives Standing Committee on Social Policy and Legal Affairs, A better family law system to support and protect those affected by family violence, December 2017.
• 2018 PricewaterhouseCoopers (Australia), Review of efficiency of the operation of the federal courts: Final report, April 2018.
• 2018 R Carson et al, Direct cross-examination in family law matters: Incidence and context of direct cross-examination involving self-represented litigants, Australian Institute of Family Studies, June 2018.
• 2018 R Carson et al, Children and young people in separated families: Family law system experiences and needs, Australian Institute of Family Studies, 2018.
• 2019 Australian Law Reform Commission, Family law for the future, Report No. 135, March 2019.

1. Avoid Getting Stuck In A Parenting Dispute
2. Contravention and Significant Circumstances Change – Reforms to Rice v Asplund.
3. The Myth Behind FDRP Mediation in Family Law and Its Costs
4. The Myth of Effective Further Reforms And Self Representation in Family Law

From the ALRC Report 135 – Review of the Family Law System (2019): 
From the ALRC Discussion Paper – Review of the Family Law System (2018):

1. Australian Law Reform Commission, “Review of the Family Law System,” ALRC Report 135, 2019, p. 34.
2. Ibid., p. 7.
3. Australian Law Reform Commission, “Review of the Family Law System,” ALRC Discussion Paper, 2018, p. 12.
4. Ibid., p. 51.

In Australia, the Family Law Act of 1975 provides guidelines for disputes related to parenting. If you find yourself in a parenting dispute and want to avoid getting stuck, there are steps you can take. Firstly, it’s important to try and find a resolution with the other parent before going to court. This can be assisted through family dispute resolution services, mediation, or counselling. If a resolution can’t be found, you can apply to the court for parenting orders. 
When applying to the court, you will need to prepare a parenting plan. This plan should outline your parenting arrangements and the responsibilities of each parent. The court will take this plan into consideration when making a final decision. It’s important to note that, subject to the below reforms, the court’s primary consideration is the best interests of the child. 
To avoid getting stuck in a parenting dispute, it’s important to be open to compromise and communication. This can help in finding a resolution that works for both parties and ultimately benefits the child. Consulting a family law 
What does the empirical evidence say? 
The Family Law Act of 1975 is an important piece of legislation that provides guidelines for disputes related to parenting in Australia. According to the Act, the best interest of the child is the primary consideration in any decision relating to parenting matters. This means that the court will consider the child’s safety, well-being, and long-term interests before making any decisions. 
It is always better to try and find a resolution with the other parent before going to court. The family dispute resolution process, also known as mediation, can be helpful in finding a resolution that works for both parties. This can be done through a range of services, including counselling, negotiation, or mediation. The aim is to enable parents to reach an agreement without having to go to court. If the parents do need to go to court it is important to have a parenting plan outlining the roles and responsibilities of each parent. 
It is worth mentioning that most couples separate amicably and can work out parenting and property arrangements without any legal intervention. However, in cases where parents are unable to resolve their issues, they may seek help from the family law system. Families who use the family law system are usually those who have more complex issues, such as a history of family violence, substance abuse, and mental health concerns. 
In addition to the above, it is essential to mention that going to court can be time-consuming, stressful, and expensive. It is always better to try and work things out through negotiation or mediation, as this can lead to a more positive outcome for everyone involved. Overall, the goal is to find a resolution that works for both parents and, most importantly, protects the well-being and interests of the child.

What do parents think of the family law system? 
The families who use the family law system are troubled. They are much more likely to have a history of family violence, concerns for their own or their children’s safety as a result of ongoing contact with the other parent, mental ill health, substance abuse, gambling, problematic social media or pornography use. 
Problem areas 
The family law system faces several problem areas, with one of them being the inconsistent and fragmented approach to screening, risk assessment and risk management. Even family law system professionals recognize this issue, as 46% of them disagreed on whether the family law system adequately screens for family violence and child safety issues.

In 2014, around 30% of parents who availed of FDR (Family Dispute Resolution), lawyers and courts reported that they had not been asked about safety and family violence concerns. This is particularly concerning since risk factors are prevalent among such parents, highlighting the need for significant improvements.

Another issue that legal professionals identify is the complexity and confusion surrounding legislation governing parenting arrangements. Since the 2012 amendments, resolving parenting arrangements out of court and even in court has taken longer, which is especially problematic for parents and children who are at risk.

While separation may not be traumatic for most parents and children, it can be more complicated for a small minority. Therefore, there is a clear need to enhance certain areas for better solutions for children who are at risk.

The FLAB (Family Law Amendment Bill 2003) refines the list of ‘best interests’ factors in s 60CC with the aim of reducing complexity and repetition of the current hierarchical structure of s 60CC.
The proposed ‘best interests’ factors are: arrangements promoting the safety of the child and the child’s carers, any views expressed by the child, the developmental, psychological, emotional and cultural needs of the child, the capacity of each proposed carer of the child to provide for the child’s developmental, psychological, emotional and cultural needs, the benefit of being able to have relationships with their parents and other people who are significant to them, where it is safe to do so, anything else that is relevant to the particular circumstances of the child, and for an Aboriginal or Torres Strait Islander child, the child’s right to enjoy their Aboriginal or Torres Strait Islander culture. 
The retention of s 60B in a more limited form, which retains the reference to the Convention, arguably retains a degree of complexity and there is likely to be confusion for some time as to the effect of the amendments to s 60B.
Family violence will no longer be a primary best interests consideration, but is a general consideration along with a new but shorter list of factors in s 60CC. 
Concerns and risks: 
There will be concerns amongst some parts of the community that the removal of an express reference to grandparents will change the law. 
The FLAB removes some of the more practical aspects of s 60CC, which are often not considered by family report writers but which may be relevant in a contested hearing. 
There is a risk that the practicalities of parenting and shared parenting arrangements may be given less weight by the parties, their lawyers and interim decision makers because they will no longer be explicitly stated in the FLA. 
Refining the list of ‘best interests’ factors 
The amendments to ss 60B and 60CC aim to reduce complexity and repetition while enhancing the focus on the needs of individual children. 
The redrafted s 60CC provides the court with the ability to consider the unique circumstances in each parenting matter in a way that places the best interests of a child at the forefront of decision making. 
Presumption of equal shared parental responsibility 
The FLAB repeals the presumption of equal shared parental responsibility under s 61DA and the related equal time and substantial and significant time provisions in the current s 65DAA.
The removal of the presumption of equal shared responsibility will avoid the need for lawyers to reset parties’ expectations from having an “expectation” that orders will be made for equal time, which will also reduce legal costs. 
In situations of family violence and child abuse, it should be easier to obtain sole parental responsibility orders because there will no longer be a presumption of equal shared parental responsibility. 
Consultation on long-term issues 
The proposed s 61CA provides that, subject to court orders, and if it is safe to do so, parents are encouraged to consult each other about major long-term issues and, in doing so, to have regard to the best interests of the child.
A revised s 61DAA sets out that if a parenting order provides for joint decision making by persons in relation to all or specific long-term issues, the order is taken to require each of the persons to consult each other and to make a genuine effort to come to a joint decision. 
Independent Children’s Lawyers: 
The FLAB includes provisions which establish the duties of Independent Children’s Lawyers (ICLs) to seek the views of children by meeting with them.
ICLs are required to act in the best interests of the child and to provide independent representation for the child. 
Appointment of Independent Children’s Lawyers 
The Family Law Amendment Bill 2021 (FLAB) removes the requirement for exceptional circumstances to justify the appointment of an Independent Children’s Lawyer (ICL) in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.
This change will provide greater protection for children in international child abduction cases. 
Restriction on Publication of Family Law Proceedings 
The FLAB repeals section 121 and inserts a new Part XIVB, which prohibits the communication of an account of proceedings under the Family Law Act (FLA) to the public.
The proposed changes clarify the prohibition on communication and ensure that it does not have unintended consequences.
The prohibition will be on ‘communication’ rather than on ‘publication’, and it will be an offence to communicate an account of proceedings under the FLA to the public.
The proposed amendments also contain exceptions to the prohibition on communication. 
Overarching Purpose 
The FLAB inserts an overarching purpose into the FLA, which is to facilitate the just resolution of disputes in a way that ensures the safety of families and children, promotes the best interests of the child, and is according to law, as quickly, inexpensively, and efficiently as possible.
The duties of parties and their lawyers to abide by the overarching purpose are contained in a proposed section 96 to be inserted into the FLA.
This overarching purpose is broader than the current overarching purpose in the Family Court and Federal Circuit Court of Australia Act 2021 (FCFCOA) Act. 
Review of Operation of the FCFCOA Act 
The review of the operation of the FCFCOA Act is to be brought forward by 2 years and will occur between 1 September 2024 and 31 March 2025.
This review will ensure that the FCFCOA Act is consistent with the changes proposed in the FLAB. 
Family Report Writers 
The FLAB proposes new provisions to regulate family report writers and family reports.
Standards and requirements for family report writers will be able to be set out in regulations and will apply regardless of whether they are appointed under the Family Law Regulations 1984 or are single expert witnesses appointed by the parties.
The FLAB also defines the requirements of a ‘family report’. 
Child Support Bill 
The Child Support Bill amends the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth).
The amendments extend the application of the Child Support Registrar’s employer withholding collection powers, allow the Registrar to refuse to issue a departure authorisation certificate where a security is offered unless satisfied it is likely that the parent will make suitable arrangements to pay their outstanding liabilities, and introduce a new default income for parents not required to lodge a tax return. 
Conclusion 
The Family Law Amendment Bill 2023 proposes a raft of changes to the family law legislative scheme.
The changes will provide greater protection for children in international child abduction cases, clarify the prohibition on communication of an account of proceedings under the FLA to the public, and improve access to vital information from state and territory family violence and child protection systems during family law proceedings.
However, the changes may also increase uncertainty as to the process to be adopted and the range of possible outcomes when courts are making parenting orders. 
Reducing equal shared parental responsibility orders can protect victims of family violence 
Predicting the future of family law system is difficult, but reducing equal shared parental responsibility orders can help protect victims of family violence.
Abusers often use equal shared parental responsibility orders to maintain control over a victim post-separation. 
When does the FLAB become law? 
The Bill (Family Law Amendment Bill 2003) was referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry on 11 May 2023. The committee is scheduled to provide its report by 24 August 2023. The committee is accepting submissions from individuals and organisations as part of its inquiry until 23 June 2023.