Conference papers

Family law council : family law and child protection

Prof Patrick Parkinson
University of Sydney

Presented at:
Child Sexual Abuse : Justice Response or Alternative Resolution
Novotel Adelaide on Hindley, Adelaide
1-2 May 2003

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Abstract

The Commonwealth Attorney-General launched the Family Law Council's report, 'Family law and child protection' in October 2002. The report explores the interface between state systems involved in child protection and the work of courts exercising jurisdiction under the Family Law Act. The report notes the excellent work done in Project Magellan to improve the system's response to child protection concerns within the existing state-federal framework, and goes further to recommend that the Federal Government should establish a specialist child protection service. Its task would be to prepare reports for the Family Court and Federal Magistrates Court where child abuse allegations arise in family law proceedings. It is not intended to overlap with or duplicate the work of state child protection authorities. Other recommendations in the report seek to promote a greater level of co-operation between State and Federal authorities on child abuse issues. This paper explains the reasons behind the report's recommendations. It also sets out the One Court principle, which would require that at the earliest possible point in managing a case, the decision should be taken whether a matter proceeds under state or territory child welfare law or under the Family Law Act, and recommends that admissions of child abuse should be excepted from the normal rule that nothing said in confidential counselling or mediation sessions may be admitted into evidence in court proceedings.