NCSMC

National Council of Single Mothers and their Children Inc.

220 Victoria Square Tarndanyangga Adelaide SA 5000 Ph: 0882262505 Fax: 0882262509

ncsmc@ncsmc.org.au http://www.ncsmc.org.au

MEDIA RELEASE: 29 December 03 RESPONSE TO CUSTODY INQUIRY

The National Council of Single Mothers and their Children welcomes the Committee’s recommendations to reject a rebuttable presumption of joint custody for children of separated parents and to tighten the child support system to reduce avoidance by payers.  NCSMC also welcomed the principle that shared parental responsibility be rejected where there were violence and abuse problems.

NCSMC Convenor, Dr Elspeth McInnes said there were some prospects of improved outcomes for children and families if the proposed changes were able to support the safety of all family members, reduce conflict and improve the financial outcomes for children of separated parents.

‘We endorse the recommendation to eliminate direct links between the hours a child spends with a parent and the amount of child support payable. The reality is that children cost money to support whether they are spending time with a parent, a school friend or their great-aunt and it’s great that the committee has recognised this,’ said Dr McInnes.

‘We also note that the committee’s recommendations take account of the widespread child support avoidance strategies which have kept many single parents and their children living in absolute poverty while the other parent enjoys a luxury life. The increase in the minimum payment child support will boost the income of resident parent households, but unemployed parents already live below the poverty line. The increase in child support will mean greater hardship for them and this is of concern.’

NCSMC is concerned that the proposed new family separation entry point is able to protect victims of violence and abuse. However the report says that dangerous situations need to be ‘of substance and not mere allegations’(p. 92). Dr McInnes noted that ‘Many dangerous situations can be seen as ‘mere allegations’ if there has been no proper investigation. Investigations need to be able to draw on police, hospital, child protection and children's services records to inform decision-makers about violence or abuse risks. Every family deserves safety and whatever system is in place needs to be able to deliver.’

NCSMC is also concerned at the recommendation that the proposed new Families Tribunal consider a reversal of residence for parents who repeatedly breach contact orders as these cases are usually linked to unresolved issues of safety. ‘A reversal of residence is aimed at disciplining the resident parent but it is not clear that such a strategy would actually be better for the child. Decisions should be driven by children’s needs, not adult’s ideas about how to discipline parents,’ said Dr McInnes.

NCSMC wants outcomes where the safety of all parties is supported, where children’s needs and interests come first and where parents meet their responsibilities to support their children, said Dr McInnes. Parents raising children alone can’t afford cuts in child support or social security incomes and we need better protection for targets of violence and abuse. We wait to see if the committee’s report and the government’s response can deliver.

ENDS Dr Elspeth McInnes Convenor Ph: 0421 787080