The Strategy For Change

We are raising public awareness through targeted campaigns and media, engaging policymakers via unified advocacy, and jointly presenting documented evidence of systemic failures supported by compelling data and real-life stories. Together, these efforts will build the pressure and credibility needed for investigation and meaningful reform.

Assemble Stories

It is critical to gather and document stories of how the system has failed families and children. Just as a magnifying glass can ignite a fire by focusing sunlight, a united and concentrated chorus of voices can spark a royal commission into a broken system.

Generate Public Pressure

Curated case studies, videos, and memes for widespread social media distribution. Bringing together disparate reform advocacy groups, and the legal community, to create a united objective, amplify awareness and attract mainstream media coverage.

Political Engagement

Engage MP's, particularly Indepedents, and legal stakeholders by mobilising petitions, presenting evidence and developing research papers. Apply pressure through media, meetings, and calls for a Royal Commission into systemic failures.

To learn more about how this strategy is being put into action, visit our Join Us page.

Priority Areas

Reform to focus on three key areas:

Prioritising Psychological Issues

Greater consideration of, and resources allocated to, psychological and emotional issues that fuel conflict.
Preventative health reduces the burden on hospitals, the same logic applies to family disputes.

Zero Tolerance For Perjury

Any suspected deception should be thoroughly investigated and prosecuted under the Crimes Act.

Lack of consequences for perjury makes lying a rational strategy to undertake in Court.

Awarding of Costs

Costs commonly awarded for unreasonable behaviour and positions, failing to undertake full and frank disclosure, and other misconduct.

The reluctance to award costs encourages unreasonable conduct

Implementing zero tolerance and accountability measures would significantly reduce false and vexatious claims, thereby minimising conflict and the number of cases. For an analysis of how the failure to implement these measures exacerbates conflict and perpetuates ongoing disputes, refer to the behavioural economics page.

Prioritising psychological assessments would address potential psychological issues early, reducing overall conflict, potentially avoiding Court altogether while promoting mental and emotional health for families.

Required Reforms

"Systemic failures plague the system.”

- Arthur Moses SC, Former President of the Law Council of Australia

The current family law system is widely acknowledged to be inadequate. It often fails to meet the needs of families and children, is inefficient, expensive, and slow.

Families, especially children, are shuffled around like pinballs in a machine, incurring significant costs at every turn. While many stakeholders in the system have individual responsibilities, there is a glaring lack of accountability overall.

Ultimately, it is the Judge who must make the final decision, by which time the family is often left bearing deep emotional, psychological, and financial wounds inflicted by each other under the rules of the system.

Given that family disputes are often characterised by emotionally and psychologically charged situations, why is there so little focus on these aspects when entering the family law system?

Every step is law focused, including the first which is mediation.

Mediation is described by the Federal Circuit and Family Court of Australia as "a dispute resolution process where parties involved in a dispute are assisted by an independent third party to help them reach agreement. Parties may agree to attend mediation to resolve financial and/or parenting issues."

Mediation is an important and essential undertaking, if the two parties are thinking and acting in rational terms. Mediation often fails to address the emotional and psychological issues which underpin disputes.

The system and professionals in it are indeed experts in their field—family law. However, addressing the emotional and psychological dimensions should be a priority from the outset. Family lawyers aren't trained in that. Most mediators aren't either, or if they are, they are bound by the rules and conventions of family law.

Given family court cases (aka battles/fights/conflicts) between parents and spouses often take many years, how effective is the system at protecting children? Minimising emotional and psychological harm? Reducing financial impact?

It isn't. It is overloaded and generally not fit for purpose. Or more accurately, the cases before it generally aren't fit for court.

Arthur Moses SC spoke in 2019, stating that "The Family Court was established as a 'specialist multi-disciplinary court, incorporating the creation of an in-house counselling section staffed by psychologists and social workers with child welfare expertise, and the requirement to place the interests of children at the forefront of parenting disputes. This was followed by the establishment of mediation as a fundamental part of the system, and provision for less adversarial trial proceedings in child-related proceedings.'"

Where did the psychologists and social workers go?

Prioritising Psychological and Emotional Issues

Reforming the family law system to focus on psychological and emotional issues before court proceedings would enhance the well-being of all parties, especially children.

The following could be adopted into the family law system for the majority of cases, which similar to preventative health which reduces the impact on hospitals, would reduce the number of cases appearing before the Courts and improve the lives of families.

1. Early Intervention: Establish a screening process to identify and support families at risk of high-conflict separation early, preventing conflict escalation and reducing prolonged legal battles. Applicable families would then undertake:

a. Initial Psychological Assessment: All parties undergo a psychological assessment to identify emotional issues and mental health concerns, leading to tailored interventions and reduced conflict.

b. Mandatory Family Counselling: Require families to participate in counselling sessions (together or separately as a shuttle) to address emotional and relational issues, improving communication and potentially resolving disputes without court intervention.

c. Parental Education: Educating parents on the impact of conflict on children and teach co-parenting strategies, promoting cooperation and prioritising children's well-being.

2. Integrated Case Management: Create a multidisciplinary team approach where legal and psychological professionals work together, leading to more informed decisions that prioritise emotional well-being.

3. Mediation and Conflict Resolution: Undertaken after 1 and 2 have been completed. Provide access to professional mediators to help families negotiate agreements on contentious issues, fostering cooperative problem-solving and reducing emotional stress.

4. Court Proceedings: For cases where resolution has not been possible.

Benefits

Reduced Conflict: Early focus on emotional issues prevents escalation and reduces adversarial proceedings.
Enhanced Well-Being: Prioritising psychological health improves the well-being of all family members, especially children.
Cost-Effective: Counselling and mediation is more cost-effective than prolonged court battles.
Improved Outcomes for Children: Addressing children's needs directly supports their mental health and development.
Identify Mental Health Issues: That often underpin conflict and/or domestic violence.
Strengthened Family Relationships: Fostering communication and understanding helps maintain healthier relationships post-separation.
Less Burden on the Court System: Early intervention and mediation reduce the caseload and improve the efficiency of the legal system.

Such an approach would lead to a more effective and compassionate family law system that prioritises the psychological and emotional health of families, ultimately leading to better outcomes for everyone involved.

Your Story

Your story is critical in creating the political will for reform to be undertaken. Share your story with us.

One story may not change the system, but a collective of voices can and will make a difference.