Changes have been made to family law by the Gillard government, drawing criticisms that it could leave children vulnerable by jamming the courts with reopened cases, according to the Chief Justice of the Family Court.
The government’s bill will allow past cases that have been heard but has not been concluded to be reopened with new evidence. Chief Justice Diana Bryant has critiqued the move in a submission to the Senate committee examining the legislation, saying this would put children at “extra risk” by delaying the delivery of reasons for judgment.
“Cases involving actual violence or abuse or the risk of harm to children are precisely those cases that need to be brought on quickly, heard in a timely manner and finalised so that appropriate protective arrangements can be put in place,” Chief Justice Diana Bryant said.
The Senate inquiry has also pointed out more flaws to the bill, such as the streamlining of the characterisation of harmful behaviour from what was previously a heavily detailed list, potentially opening the law to abuse in future cases.
