Amend the Child Support (Assessment) Act 1989 in Australia

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The issue

For several years, I have been entangled in the challenging and emotional process of fighting through the Family Court to establish and maintain a relationship with my children. Despite my ongoing struggle to be a part of their lives and my attempts to engage in meaningful parenting, I have continued to be assessed for child support even with having little or no opportunity to speak to or spend time with my children. While also bearing the costs of legal litigation, counselling and ongoing court proceedings. In my circumstances, the other parent was later charged of offences committed against me, yet I have continued to face the financial burden of supporting a system that I am simultaneously fighting through simply to have a relationship with my own children.

While I firmly believe that children should always receive the support they need and deserve, it's essential to recognize the difficulties faced by parents embroiled in prolonged parenting litigation. The current Child Support (Assessment) Act 1989 does not adequately account for these exceptional circumstances, leaving many parents like myself in a precarious financial and emotional situation.

The law should incorporate provisions that allow for a fair review of child support assessments in cases where a parent is involved in lengthy legal battles to secure their parental rights. Such a review process would ensure that no parent is unjustly burdened financially while being denied the ability to contribute actively to their children's lives. By amending this legislation, we can create a more balanced system that respects both the financial needs of children and the rights of parents undergoing extensive legal proceedings.

I am not suggesting that child support should automatically stop whenever there is a parenting dispute, nor do I wish to undermine the importance of protecting children or genuine victims of family violence. Rather, I believe there should be a fair and independent review process for exceptional cases where:

• A parent has had little or no meaningful contact with their children for an extended period while actively pursuing parenting orders through the courts.

• There are ongoing disputes regarding why that loss of contact has occurred.

• The proceedings have continued for lengthy periods with no resolution.

• There are additional circumstances, such as findings or convictions relating to domestic violence between the parents, that may warrant closer consideration of whether the current system is producing a fair outcome.

I believe Parliament should consider reforms such as:

• An independent review mechanism for child support assessments during prolonged contested parenting proceedings.

• Faster resolution of parenting matters where children have been separated from a parent for extended periods.

• Better coordination between the family law and child support systems so that prolonged litigation is properly recognised.

• Safeguards that continue to prioritise children’s wellbeing and the protection of genuine victims of family violence while also ensuring procedural fairness for parents involved in complex parenting disputes.

It's time for Australian lawmakers to address this issue and create a fairer child support system that considers the complexities of modern family dynamics. We need laws that ensure every parent's contribution is equitable, and every child's welfare is safeguarded without undue hardship on involved parents.

Please sign this petition if you believe that the Child Support (Assessment) Act should be amended to deliver fairness and justice for all parents and children involved in the family court system and child support in Australia. Together, we can advocate for change and support a system that respects and values the contributions of all parents.

avatar of the starter
Morgan GarveyPetition starterMum of two just wanting fairness within the Australian child support and family court systems

The Decision Makers

Hon. Yvette D'Ath
Queensland Attorney General
Anthony Albanese
Prime Minister of Australia
Tanya Plibersek
Minister for the Environment and Water
Michelle Rowland
Shadow Minister for Communications
Linda Burney
Shadow Minister for Families, Social Services and Shadow Minister for Indigenous Australians

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