28 Apr 2013

Barrister alarmed child protection clauses being removed

11:29 am on 28 April 2013

A barrister specialising in family law is disappointed the Government is going ahead with a move to repeal a clause that protects children from abusive parents.

On Friday, the Government gave its backing to changes to the Family Court Proceedings Reform Bill, which passed its first reading in December.

However the plan to remove the so called 'Bristol clauses' remains, to the alarm of barrister Catriona MacLennan who says the provisions ensure custody is not granted to an abusive parent or former partner who has been abusive.

The clauses were introduced after Alan Bristol, who faced allegations of violence against his wife, killed his three daughters in 1994 while they were in his custody.

They require the court to be satisfied a child will be safe before giving custody in cases where there has been violence to either a partner or child.

The Family Court Proceedings Reform Bill does, however, contain requirements that a child's safety must be protected.

Changes in the bill supported by the Government include giving parents who meet the threshold up to four hours of legal support, as well as up to three hours of preparatory counselling to allow them to make the most of the Family Dispute Resolution service.

Other changes will enable judges to refer parties back to the service or a parenting course, while lawyers will be able to engage earlier in the court process at the judge's discretion.

The chair of the Law Society's family section, Garry Collin says he's pleased with the changes that have been announced and says the Government has been receptive to his organisation's recommendations.