Fathers' rights movement in Australia

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The fathers' rights movement in Australia focus on issues of erosion of the family unit, child custody, shared parenting, child access, child support, domestic violence against men, false allegations of domestic violence, child abuse, the reintroduction of fault into divorce proceedings, gender bias, the adversarial family court system and secrecy issues.

Contents

History

The fathers' rights movement began in Australia in the 1970s with the founding of organizations such as the Lone Fathers Association. Other groups include Fathers4Equality, Dads Against Discrimination, Fathers Without Rights, The Men's Confraternity, and the Shared Parenting Council. [1] the Men's Rights Agency [2] and One in Three. [3]

Shared parenting and family law reform

One of the central aims of the Australian fathers' rights groups is to promote shared parenting in post separation child care arrangements. In legal terms this is referred to as a rebuttable presumption of equal shared parenting time. In 2005, Senator Steve Fielding of the political party Family First, tabled a dissenting report to the Family Law Amendment (Shared Parental Responsibility) Bill 2005, stipulating this legal proposal. [4]

The best example of the influence of men's rights groups was the "Family Law Amendment (Shared Parental Responsibility) Act 2006, which made both parents responsible for decisions about their child through the concept of 'equal shared parental responsibility'. [5] The Act requires courts to consider an order that the child spend equal amounts of time with each parent under certain circumstances, but the Act does not state that courts must order that the child spend equal amounts of time with each parent. [5] [6] While the peer support group Dads in Distress expressed both appreciation of the Act as a small step in the right direction and concern whether the changes would be taken seriously by Family Law Practitioners [7] and Barry Williams, national president and founder of the Lone Fathers Association, stated, "I think these new laws are going to be the best in 30 years", [8] The Men's Confraternity welcomed the changes but also expressed disappointment and stated that the Act does not "force the Court to view parents as equals." [9] [10]

In reality the laws have had little impact upon the implementation of shared parenting. Prior to the introduction of the shared parenting act in 2004:

Six years after the implementation of the act in 2012:

This is because in 90% of contested trials the court does not order shared parenting [13] Part of this is because of the belief of many judges that if parties have to litigate for shared custody then they are unsuited to it.

In 2009 the Chief Justice of the Family Court Diana Bryant, publicly sided against the 2006 amendments, flagging proposed changes soon after adopted by the Attorney General, Robert McLelland. [14]

Once the shared parenting laws were in place, there was a significant push by women's groups in association with other interested parties, suggesting that Australia's shared parenting laws put children at risk because it marginalised family violence. Specifically it was alleged that "the legislation had moved away from protecting the rights of women and children to acceding to men’s demand for increased time with their children." [15] In 2009 the government commissioned a report into the shared parenting laws, justified as being a response to the murder of a four-year-old Melbourne girl Darcey Freeman, who was thrown to her death from the West Gate Bridge by her father. Her father Arthur Freeman had obtained shared custody with his daughter through the family court. [16] The story of Arthur Freeman was well but falsely publicised as an example of the danger that separated fathers posed to their children. For example, seven months prior to Arthur Freeman's actions Gabriela Garcia jumped off the same bridge with her 22-month-old son Oliver strapped to her chest to prevent Oliver's father from having contact with his son. [17] In addition the Australian Institute of Family Studies evaluation of the 2006 Family Law Reforms, involving analysis of 27,000 parents stated that "the 2006 changes have improved the way in which the system is identifying and responding to families where there are concerns about family violence, child abuse and dysfunctional behaviours. In particular, systematic attempts to screen such families in the family relationship services sector and in some parts of the legal sector appear to have improved identification of such issues." [18]

Despite the overall positive impact of these changes, [18] in November 2010 the Attorney General Robert McLelland submitted amendments to the 2006 reforms, condemned by men's rights groups as a back-door attempt to dismantle the shared parenting laws. [19] These amendments included the removal of any penalties for the making of knowingly false allegations in the Family Court, the removal of the requirement of both parents to facilitate contact, and a broadening of the definition of child abuse to include non-abusive behaviour.

Political parties

As part of the father's right movement, there have been several single issue political parties focusing on family law reform. In the 2004 Federal election, prior to the 2006 reforms, the Non-Custodial (Equal Parenting) Party obtained 0.1% of the senate first party preference. [20] In 2013 the first party preference vote had dropped to 0.01%. [21]

The Family Law Reform Party was registered on 9 September 1996 and de-registered on 4 August 1999. [22]

Originally known as the Abolish Child Support and Family Court Party, the Abolish Child Support/Family Court Party was first registered by the Australian Electoral Commission on 25 July 1997. It was renamed as the Abolish Child Support/Family Court Party on 2 April 1998. The party was de-registered on 8 May 2001. [23] The party was subsequently re-registered and renamed as the No GST Party , but again de-registered on 27 December 2006. [24] [25]

The Non-Custodial Parents Party (Equal Parenting) was formed in 1998. [26] The party was originally registered as the Non-Custodial Parents Party by the Australian Electoral Commission on 12 January 1999 and temporarily de-registered on 27 December 2006. [27] All minor political parties were de-registered on that date. [25] The party was then re-registered as the Non-Custodial Parents Party (Equal Parenting) on 30 August 2007. [28] The party is currently registered as a political party with the Australian Electoral Commission (AEC). [29] The party's core policies centre on the issue of family law and child support reform. The party strive for legislative changes to enshrine a child's natural rights to a meaningful relationship with both parents, and legal and procedural changes to ensure that the child support system is fair, equitable and aimed at fulfilling its primarily goal, that being to support the children. [26]

See also

Related Research Articles

Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.

Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.

The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or marital separation. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law.

<span class="mw-page-title-main">Robert McClelland (Australian politician)</span> Australian politician

Robert Bruce McClelland is an Australian judge and former politician who has served on the Federal Circuit and Family Court of Australia since 2015, including as Deputy Chief Justice of that court since 2018. He was previously Attorney-General of Australia from 2007 to 2011, and a member of the House of Representatives from 1996 to 2013, representing the Labor Party.

Joint custody is a court order whereby custody of a child is awarded to both parties. In the United States, there are two forms of joint custody, joint physical custody and joint legal custody. In joint physical custody, the lodging and care of the child is shared according to a court-ordered parenting schedule with equal or close to equal parenting time. In joint legal custody, both parents share the ability to make decisions about the child, regarding e.g. education, medical care and religion, and both can access their children's educational and health records.

Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.

Australian family law is principally found in the federal Family Law Act 1975 and the Federal Circuit and Family Court of Australia Rules 2021 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978).

<span class="mw-page-title-main">Family Law Act 1975</span>

The Family Law Act 1975(Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated de facto partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the Matrimonial Causes Act 1961, which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney.

In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" to an "obligee" for the financial care and support of children of a relationship or a marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support.

The fathers' rights movement in the United States is a group that provides fathers with education, support and advocacy on family law issues of child custody, access, child support, domestic violence and child abuse. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts.

The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.

<span class="mw-page-title-main">Non-Custodial Parents Party (Equal Parenting)</span> Political party in Australia

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<span class="mw-page-title-main">Equal Parenting Alliance</span> Political party in the United Kingdom

The Equal Parenting Alliance is a minor political party in the United Kingdom. Founded in February 2006, it aims to bring about reform of the Family law system in England and Wales. It was started by former members of Real Fathers 4 Justice, a father's rights organisation, and a similar group New Fathers 4 Justice. Its leader is Ray Barry.

A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent.

Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.

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Australian Better Families was a political party registered on 31 August 2018. The Party's founder is Leith Erikson and has the slogan “Better Families for a Better Australia”. Australian Better Families campaign targets new and existing laws in the areas of mental health, child support and family law. Australian Better Families promotes the rights of father's in the legal system, particularly stressing the trauma caused by separation from family during legal proceedings. The party is a branch of the Australian Brotherhood of Fathers organisation, who stated they created the party as they "can no longer sit silently on the political sidelines to witness the betrayal of our children and families."

References

  1. ↑ Kaye, Miranda; Julia Tolmie (1998). "Fathers' rights groups in Australia and their engagement with issues in family law". Australian Journal of Family Law. 12: 19–68. Retrieved 24 March 2007.[ dead link ]
  2. ↑ "Men's Rights Agency".
  3. ↑ "One in Three".
  4. ↑ "Family First to table amendment for Presumption of Equal Parenting Time". Fathers4Equality. Archived from the original on 18 March 2010. Retrieved 20 November 2008.
  5. 1 2 Watts McCray Lawyers (2006). "A layman's guide to the Family Law Amendment (Shared Parental Responsibility) Act 2006" (PDF). Archived from the original (PDF) on 4 January 2007. Retrieved 25 March 2007.{{cite journal}}: Cite journal requires |journal= (help)
  6. ↑ Watts McCray Lawyers (2006). "Some practical implications of the Family Law Amendment". Archived from the original on 26 June 2007. Retrieved 20 April 2007.{{cite journal}}: Cite journal requires |journal= (help)
  7. ↑ "Dads in Distress welcome new changes" (Press release). Fatherhood Foundation. 29 June 2006. Archived from the original on 25 August 2006. Retrieved 20 April 2007.
  8. ↑ "New law agony for divorced fathers" (Press release). Fatherhood Foundation. 2 July 2006. Archived from the original on 27 August 2006. Retrieved 20 April 2007.
  9. ↑ "Submission by Men's Confraternity" (PDF) (Press release). Parliament of Australia. 15 July 2006. Archived from the original (PDF) on 13 June 2007. Retrieved 20 April 2007.
  10. ↑ "Men's Confraternity discuss family lawyer tricks". Men's Confraternity. Archived from the original on 24 July 2007. Retrieved 20 April 2007.
  11. ↑ Australian Bureau of Statistics (22 September 2004). "4442.0 – Family Characteristics, Australia, Jun 2003".
  12. ↑ Australian Bureau of Statistics (26 February 2015). "4442.0 – Family Characteristics and Transitions, Australia, 2012-13".
  13. ↑ "Family Court of Australia, Annual Report 2010-2011 page 70" (PDF). Archived from the original on 6 April 2015.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  14. ↑ "...because lying in the Family Court is CHILD ABUSE, says Fathers4Equality" (Press release). Fathers4Equality. 10 May 2009. Archived from the original on 1 April 2016. Retrieved 10 May 2009.
  15. ↑ Adiva Sifris (11 July 2012). "Family Violence and the Impact of Recent Amendments to the Family Law Act".
  16. ↑ "Call to end shared custody: Chisholm report" (Press release). the Australian. 29 January 2010. Retrieved 23 June 2015.
  17. ↑ Chris Vedelago (21 December 2014). "Government to be sued over West Gate suicide barriers" (Press release).
  18. 1 2 "Australian Institute of Family Studies evaluation of the 2006 Family Law Reforms" (Press release). Australian Institute of Family Studies. 12 January 2009. Retrieved 12 January 2009.
  19. ↑ "Government's new family violence bill – badly worded and open to abuse" (Press release). Attorney General Robert McLelland. 15 November 2010. Archived from the original on 21 February 2011. Retrieved 15 November 2010.
  20. ↑ "Australian Electoral Commission, Group Voting Ticket Usage By Group (2004 election)".
  21. ↑ "Australian Electoral Commission, Voting Ticket Usage By Group (2013 election)".
  22. ↑ Australian Electoral Commission’s archives . Date accessed 28 March 2013
  23. ↑ Australian Electoral Commission’s archives . Date accessed 28 March 2013
  24. ↑ Australian Electoral Commission’s archives . Date accessed 28 March 2013
  25. 1 2 Australian Electoral Commission’s media release dated 22 December 2006 . Date accessed 28 March 2013
  26. 1 2 Non-Custodial Parents Party (Equal Parenting). Home Page. Date accessed 28 March 2013.
  27. ↑ Australian Electoral Commission’s archives . Date accessed 28 March 2013
  28. ↑ Australian Electoral Commission’s registration details . Date accessed 28 March 2013
  29. ↑ Australian Electoral Commission’s current Index of Registered Political Parties. Date accessed 28 March 2013
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