Speech - Heather Hill

Family Law Court – Child Support Scheme

18th September 1998

Pauline Hanson’s ONE Nation believes that safe, secure and happy societies require as a guiding principle, strong functional family units. ONE Nation considers governments should recognise this basic principle and adopt responses that are aimed at long term family stability.

Pauline Hanson’s ONE Nation has recognised the very significant distress suffered by families with children who have been traumatised through divorce. We are concerned for those non - custodial parents who through government mismanagement and ineptitude have been forced to relinquish their rights to parenthood.

The continued application of outdated cultural values which underlie the perception that the female is the "best’ primary care giver and decision maker must be challenged. Men are good parents and should be afforded equal opportunity to gain joint custody of their offspring. Currently males seem to be penalised for earning the family income by denying them equal opportunity to become the custodial parent after family breakdown.

The following principles will be adopted by ONE Nation to rectify unjust applications from the Family Law Court and Child Support Agency.

• The Family Law Court will be abolished and replaced with a Family Tribunal.
• The Family Tribunal will consist of people from mainstream Australia. Respected members from local community groups encompassing health, social and community interests groups will be invited to participate.
• The functions and operation of the Child Support Agency will be reviewed and extensive community consultation will occur to develop appropriate guidelines for operations.
• The punitive maintenance regime will be overhauled as a matter of urgency –
  Key factors in this review include:
  • A formula that recognises the new cost of maintaining two households.
  • A pre – determined formula for non - custodial parents that exempts additional incomes for overtime or a second job.
  • Recognition that a child’s standard of living following divorce cannot be maintained at its pre - divorce level.
  • A formula based on after tax income not before tax income.
  • New families and their needs to be recognised in maintenance schedules.

• Property settlements owned prior to the relationships will remain the possession of the individual. Settlements will be based on a 50 / 50 split between partners.

• Recipients of Sole Supporting Parents (SSP) benefits will require counselling and verification of a family breakdown. When the youngest child reaches school age the SSP will be required to obtain work based on job availability, opportunities and qualifications.
• Protracted settlements or incidents involving violence or abuse will be dealt with in the respective courts. Both parties will be entitled to legal aid and the charged party will pay the costs of their unsuccessful court challenge. These funds will be available from settlements. Perjury charges will be enforced in court.
• Joint custody is the option of choice for ONE Nation. It gives recognition to the vital role both parents have in relationships with their children. Joint custody can provide some stability in an environment that is otherwise turbulent for children.
• Ideally the same case managers will work with families from entry to exit. Denied access will be referred to the case manager for immediate investigation. Three denied access visits will result in the non custodial parent and custodial parent facing the tribunal to discuss shifting custodial arrangements.
• Family centres will be developed from the anticipated $100M saved from legal aid fees. The centres will manage the family tribunals and associated support services including counselling, life style management, parenting plans, preparation for self representation and advocacy support.
• National Forums will be organised throughout Australia to identify family needs and identify community solutions that will assist in strengthening and maintaining the family unit. Responses to these forums will be pro-active and urgently address legislative inadequacies.

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