#Law Reform
Senate of Australia

Protecting children from violence and abuse must be the paramount consideration, not secondary to the rights of the parent to have contact with the child. Too many children are being cruelly separated from their protective parent – usually the primary carer they have known since birth.

These parents may have raised allegations of abuse and violence against another party. Instead of investigating the allegations from the child protection point of view, the courts (often via single experts and ICL’s advice) label the protective parent ‘delusional’ or worse. The courts remove the child from that parent’s care and place them in an abusive situation with no review or follow-up to check on their welfare.

Children are being removed or forced into coerced shared parenting arrangements which are inflicting permanent emotional, psychological, physical and sometimes sexual damage on them.


This petition is presented to report the urgent need to put the rights, wellbeing, protection and welfare of children above parent’s rights in Family Law processes and judicial decision-making. Your petitioners therefore ask the Senate to pass and implement the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 as soon as possible. This Bill is only a first step in improving the protection of children in family law.

We therefore request the Senate to take serious measures in the near future, including removing the assessment of children’s welfare, wellbeing and protection from the adversarial system and ensuring that family law matters involving children should be heard by a special tribunal (not composed of legal experts) staffed by experts in child development as well as child abuse and family violence and dynamics.

We further request that the House gives urgent consideration to setting up a Royal Commission or similar with coercive and investigative powers to look into the harm being done to children by cruel and inhumane court decisions and processes.

This Commission would be able to investigate corruption, incompetence, collusion and many other factors affecting the outcomes for children.

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The Senate must pass Family Law Bill 2011 NOW to protect children petition to Senate of Australia was written by Ariel Marguin and is in the category Law Reform at GoPetition.