Loading...

Federal Government’s Response to Inquiry

11 August 2004

At the end of July,2004, the Federal Government made its first public response to the “shared parenting inquiry” recommendations, issued at the end of December, 2003.

That day, the Courier Mail committed four (4) pages to articles on the matter, leaving no doubt that Family Law has very much returned to the social and political centre stage.

The Federal Government’s response was released by way of “a discussion paper” and immediately criticised by the opposition for being just a discussion paper proposal, rather than as policy. Regardless, there appears little likelihood that the proposed reforms will be considered for implementation until after the election.

The Inquiry recommendations were extensive and radical, proposing amongst other things, a national system of Tribunals to replace the Family Court. One media commentator has referred to the discussion paper as “a strangely muted response to the Parliamentary Inquiry”.

In summary, the discussion paper suggests:

  • enshrining the concept of “shared parenting responsibility” in legislation,
  • effecting legislative changes to acknowledge that children have a right to spend time on a regular basis with both of their Parents and that both Parents have to be consulted before significant discussions are made about a child’s care, welfare and development, except in cases involving violence, child abuse or entrenched conflict;
  • legislative amendments being made, to ensure that Parents try to resolve disputes through alternative dispute resolution and the development of a Parenting Plan before filing actions with the Court;
  • the creation of a network of 65 community based Family Relationship Centres across Australia to provide separating Parents with up to three (3) hours of free dispute resolution sessions. The Centres to assess each case, offer assistance in developing a Parenting Plan, provide information and advice and screen for instances of child abuse or violence, in which case, the couples would be referred to other Government support services, or the Courts;
  • people using the Centres would be able to bring only friends and family, not Lawyers, along to the meetings, for support;
  • establishing a Task Force to review the methods used to calculate and administer Child Support payments and to report back by March, 2005 , for re-evaluation;
  • legislative amendments to recognise the entitlement of family members (who are not Parents) to contact, such as, Grandparents;
  • a new combined Registry for the Family Court and the Federal Magistrates Court;
  • that the 65 community based Family Relationship Centres would be funded by the Government, but tendered for and run by community and church groups who already offer similar services.

The opposition spokesman stated that the Federal Opposition was likely to support the changes to the Family Law system if they were brought before the Parliament because they appeared to be in the best interests of children and families.

If the discussion paper does eventuate into real legislative change, its impact will depend upon the specifics of the legislative change. From the broad statements made at this stage, the writer would question whether it will ultimately result in any manifest difference to the current system.

The legislative amendments contemplated for parental responsibility and for grandparents contact are already contained in the legislation as “objects”. Furthermore, in promoting primary dispute resolution, it is noted that the Family Law Rules were amended in March, 2004 to provide that alternative dispute resolution is a compulsory “Pre-Action Procedure” prior to any Court Application being filed. The contemplated establishment of 65 community based Family and Relationship Centres would assist in clarifying the appropriate alternative dispute resolution process.

The history of “Parenting Plans” since 1996, has shown that they have been poorly received by the community as options for dealing with child, Residence and Contact arrangements.

The reality remains, as quoted by a client, “Mediation only works if two people want it to work”

2021-11-05T14:56:23+10:00

Client Testimonials

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Your team is professional, warm, friendly and real.
N.R., Crows Nest
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield

You, guys, provide extraordinary service.

A.O., North Brisbane

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

I was always confident that I was getting the very best advice.

T.S., Flinders
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
Your newsletters are great, I appreciate them.
K.B., Carina

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart