95% support for single dads to get more time with kids: new survey
The majority of people (95%) in a recent online survey about Family Law Reform, say they want to see the Government take action to increase the amount of time that separated dads can spend with their children.
The Australian Men’s Health Forum (AMHF) surveyed around 100 people with an interest in separated fathers and family law reform, including AMHF members, front-line workers and volunteers, people with lived experience and academics.
The survey found that:
- 95% say the Government should be working to increase the number of children in separated families who live with their dads more than 35% of the time.
- 92% agree that if the Government wants to achieve gender equality in the amount of time spent on unpaid care, it should help separated dads to spend more time with their children.
- 97% say the Government should take action to provide male suicide prevention support to separated dads.
In relation to the Government’s proposals to reform Family Law, the survey found that:
- 83% disagree with the proposal to repeal the presumption that separated mums and dads should have “equal shared parental responsibility”.
- 83% disagree with the proposal to repeal the legal requirement to consider the benefits of children having equal or substantial time with each parent.
- 83% disagreed with the proposal to repeal the current legal requirement to consider whether orders for the child to spend equal or "substantial and significant" time with each parent are practical and in the child’s best interests.
Further information on the full findings of AMHF’s survey, which have been shared with the Government, are published below.
AMHF SURVEY RESULTS
1.The Purpose of Family Law
The Australian Government says it wants the overarching purpose of Family Law to be "to facilitate the just resolution of disputes as quickly, efficiently and inexpensively as possible".
88% of our members agreed that this should be the purpose of Family Law in Australia and 6% disagreed. In total, 66% of those surveyed agreed and 25% disagreed.
When asked whether they think Family Law is already working to resolve disputes quickly, efficiently and inexpensively, 94% of members disagreed and 0% agreed. In the full survey 93% disagreed and 1% agreed.
2. The Legal Presumption of Equal Shared Parental Responsibility
The Government is proposing to repeal the current legal presumption that separated mums and dads should have “equal shared parental responsibility”. 83% of our members disagree with this proposal and 6% agree. In the full survey, 79% disagreed and 12% agreed.
76% of members say the legal presumption that separated mums and dad should have “equal shared parental responsibility” makes it easier for dads to stay involved in their children's lives and 18% disagree. In the full survey, 51% agreed and 35% disagreed.
In terms of the Australian Law Reform Commission (ALRC) recommendation to replace the current presumption of "equal shared parental responsibility" with a new presumption of “joint decision-making about major long-term issues", our members were almost evenly split between:
- 47% who think the Government should keep the presumption of equal shared parental responsibility.
- 47% who support the ALRC proposal to replace the new presumption of “joint decision-making about major long-term issues"
None of our members support the Government's plan to repeal the current presumption.
In the full survey, 39% said keep the presumption, 46% supported the ALRC proposal and 1% supported the Government proposal to repeal the presumption.
3. Substantial and significant time
The Government is proposing to repeal the current legal requirement to consider whether orders for the child to spend equal or "substantial and significant" time with each parent are practical and in the child’s best interests.
88% of our members disagree with this proposal and 0% agree. In the full survey, 83% disagreed and 8% agreed.
In terms of the current requirement for courts to consider orders for the child to spend equal or "substantial and significant" time with both parents, 76% agree this makes it easier for dads to stay involved in their children's lives, although 12% disagree. In the full survey, 57% agreed and 33% disagreed.
4. A meaningful relationship with both parents
The Government is proposing to replace the current legal requirement to consider "the benefit to the child of having a meaningful relationship" with both parents, with a requirement to consider "the benefit to the child of being able to maintain relationships with each parent ... where it is safe to do so". To what extent do you agree/disagree with this proposal?
53% of our members disagree with this proposal and 36% agree. The full survey had a similar response with 50% disagreeing and 36% agreeing.
In terms of the current system, 47% of our members said that the current legal requirement for courts to consider "the benefit to the child of having a meaningful relationship" with both parents makes it easier for dads to stay involved in their children's lives? However, 30% disagreed.
Again, the full survey showed a similar pattern with 46% agreeing and 37% disagreeing.
5. Breaches of parenting orders
Breaches of court orders are common and recent research found that even with serious breaches of parenting orders, most dads don’t take action for a variety of reasons. In 72% of cases where a dad’s court order was breached, the most common reason given for not going back to court was that it was impractical to do so in light of repeated breaches of the order.
76% of our members told us that the courts are not currently dealing with breaches of parenting orders in a way that makes it easier for dads to stay involved in their children's lives, as did 79% of the full survey.
A minority of members (6%) and the full survey (6%) said the courts are already dealing with breaches of parenting orders in a way that makes it easier for dads to stay involved in their children's lives.
6. Keeping separated mothers and fathers safe
The Government says it wants the courts to consider what arrangements will best promote the safety of the child’s carers, including safety from family violence, abuse, neglect or other harm.
The majority of our members (70%) agree that it is important for Family Law to promote the safety of separated parents, as did 68% of the full survey. A minority of our members (12%) and a minority of the full survey (18%) said they disagreed.
When we asked members if the Government should be doing more there was greater concern that the safety needs of fathers are not being addressed.
Noting that around 2 in 3 separated mums report experiencing physical hurt and/or emotional abuse, 65% of our members said that the Government needs to do more to support female victims of male violence and abuse, with 47% strongly supporting more action. In the full survey 66% of people agreed including 44% of people who strongly agreed.
In response to the fact that over half of separated dads report experiencing physical hurt and/or emotional abuse, 100% of our members and 100% of the full survey said the Government needs to do more to support male victims of female violence and abuse, with 94% of members and 90% of the full survey strongly supporting this position.
7. Areas for the Government to take action
Bearing in mind the impact that family separation can have on the lives and health of dads in Australia, we asked our members to consider which issues they would like to see the Government take action on:
- 100% of our members said that if the Government wants to achieve gender equality in the amount of time spent on unpaid care, it should help separated dads to spend more time with their children. (92% in the full survey).
- 1 in 4 separated dads currently have their children living with them more than 35% of the time. 100% of members say the Government should be working to increase this number. (95% in the full survey).
- Separated dads are twice as likely as separated mums to be dissatisfied with life as a whole. 94% of our members say the Government should take action to tackle this problem. (93% in the full survey).
- 94% of our members say the Government should take action to provide male suicide prevention support to separated dads. (97% in the full survey).
- 77% of our members say that if we want to help separated dads to spend more time with their children, we also need to support dads to spend more time on childcare before they separate. (80% in the full survey).
- 59% of our members say the Government should take action to reduce the number of families that separate every year. (58% in the full survey).
TAKE ACTION FOR MEN'S HEALTH
Read: 10 ways it's tough to be a separated dad in Australia (AMHF)
Have your say about dads and family law (AMHF survey)
Are you a separated dad looking for further support? Contact Dads in Distress
For telephone support call: 1300 853 437