Policy on the run not good for our kids Kevin

Posted Sep 24, 2009 11:20am

Kevin Rudd's recent announcement of possible wholesale changes to our Family Court system is blatantly ridiculous and is not founded on research or good policy.

A knee jerk reaction, this proposal defies logic. Literally only a few years ago, following considerable research and community consultation, the Howard Government's Standing Committee on Family and Community Affairs embarked on the most comprehensive revamp of family law in our nation's history. Communication included Mother's and Father's groups, legal experts and a wide range of independent parties. Titled “every picture tells a story” and published in December 2003, the Committee's final report totals some 240 pages and its findings are based on research and input from the community.

Now, purely for political opportunism on the back of a couple of sad and unfortunate incidents, the Prime Minister has announced essentially the same thing. This casts doubt over his basic trouble shooting skills. If you're trying to solve a problem Prime Minister and one way you've tried didn't work, maybe its time to investigate an alternative approach.

Let me put it another way. These changes are the same as saying you have a car that consistently breaks down with belts slipping, starter motor issues and drive train malfunctions and you propose to fix it by taking it to a panel beater for a make over of paint, tinted windows and mag wheels. This will not address the underlying issues with your vehicle. It'll look better on the outside, sure, but it will still keep breaking down.

If the Prime Minster and his cabinet colleagues are serious about supporting separated families and keeping kids from harm they must root out the true causes of family angst … the stuff that creates angry Mums and Dads and sends some over the edge.

Real leadership on this issue will be found in the hands of who ever makes a concerted effort to bypass the easy option of “wholesale changes” and media hype, and instead chooses to conduct grounded research to identify the true precipitating factors.

May I suggest Prime Minister you start with two of the key bug bares for separated families … the Child Support Agency and state based domestic violence legislation. Behind these doors you will find a miss mash of disconnected bureaucrats and dated laws.

You would be hard pressed to find a parent who isn't willing to pay for their kids and abide by the laws of the land. The system they are subjected to is not that simple however.

It is dated and unbalanced. There has been a marked improvement in the CSA, thanks largely to former Community Affairs Minister, Mal Brough. But the institutionalised nature of the organisation has done little to enable it to keep pace with shifts in society. Mr Brough did well to get significant amendments passed on how payments are calculated for example, but while ever CSA staff and others involved with separated families operate in silos the positive impact of such improvements will only be negated by rigid, thoughtless processes that do not result in better outcomes for kids.

Domestic violence legislation is yet another example of this. Every person, regardless of age, gender or race, has a right to feel safe. However, when that right is used as an instrument to demoralise and inflict untold pain with what it is often unfounded allegations the powers that be have an obligation to balance the ledger.

It is widely known, if not discussed, that state domestic violence legislation has been abused in many family court cases. Many fathers for example are living every day inhibited from playing an active role in their child/s lives due to false and unproved allegations of violence. I have it on good authority that under Queensland law if an individual makes an allegation of violence against their spouse or partner, Queensland Police do not require any proof or evidence to immediately issue a temporary protection order. No evidence. What happened to innocent until proven guilty?

I acknowledge this is state law, but the Prime Minister could show leadership and have this raised through COAG or the relevant Ministerial Council. At least flag it as a serious issue requiring debate. I say this as I feel the process of open and honest discussion will be of even greater benefit to kids then the outcome itself in many cases.

It is issues such as these that cause considerable angst and frustration for families.

Family separation is a complicated issue and there is no one answer to keep everyone happy. But when decisions are made as policy on the run or driven by media interest, it's not going to end well for anyone.