Family law changes will protect women, children: expert

Legal Aid's Joanna Fletcher told the inquiry current laws were confusing for parties involved (Stefan Postles/AAP PHOTOS)

Legal experts have urged for family law reforms to be passed through parliament to make the system safer for women and children.

A parliamentary inquiry is examining changes to the family court system, which would ensure the best interests of children were upheld.

Under the proposed laws the presumption of equal shared parental responsibility would be repealed.

Instead, the best interest of the child would be the paramount factor for the court's decision.

Executive director for Victoria Legal Aid Joanna Fletcher told the inquiry the current laws were confusing for parties involved, while also putting vulnerable people at risk.

"Currently, (the law) is not responsive enough, and that in particular, it allows for abuse of the system that can exacerbate risks for victim-survivors," she said.

"The repeal of the presumption of equal shared parental responsibility and the simplified best interest factors are critical to making women and children safer."

Attorney-General Mark Dreyfus previously said the current parenting framework under the laws was complex and in some cases led to unsafe parenting arrangements.

Under the proposed changes, a requirement would be introduced for independent children's lawyers to meet directly with children and make the consequences of non-compliance with parenting orders clearer.

Ms Fletcher said the proposal was a welcome step forward in the legal system.

She said the current equal shared parenting laws were misinterpreted as equal shared time by parents.

"We envision a family law system that is safe, accessible, inclusive and that centres the needs of children and promotes the safety of victim-survivors of family violence," she said.

Chair of the health law committee with the Law Institute of Victoria Stephen Taffe said there had been instances where the legal system was used to further abuse a partner.

"Subpoenas seeking access to a person's medical records are often misused by an ex-partner. They're misused to damage a person's relationships, including with their children," he said.

"They're used to stigmatise the person and cast doubt upon their parenting skills, they're used to cast unwarranted doubts upon the person's credibility and character."

The committee is due to report on August 24.

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