Electronic Resources:	http://www.adfvc.unsw.edu.au/RTF%20Files/Issues_Paper_12.rtf
Web resource:	http://www.adfvc.unsw.edu.au/PDF%20files/Issuespaper_12.pdf
Type:	Journal Article
Title:	Family Law Act reform: the potential for screening and risk assessment for family violence
Other Titles:	Australian Domestic & Family Violence Clearinghouse issues paper
Authors:	Sneddon, Clare Braaf, Rochelle
Keywords:	Family law;Risk assessment;Screening;Post-separation violence
Year:	2007
Publisher:	Australian Domestic & Family Violence Clearinghouse, UNSW
Citation:	(12), February 2007
Notes:	General overview: Recent amendments to the Australian Family Law Act 1975 encourage mediation and equal shared parenting. These changes create risks for women and children experiencing family violence. The authors examine best practice in screening and risk assessment for family violence, and consider how these tools can improve the safety of women and children going through the family court system. Discussion: The authors outline the 2006 changes to the Family Law Act 1975. There is a new requirement for all parties attending court on parenting matters to first attend compulsory dispute resolution. There is also a requirement for the court to consider ordering shared parental responsibility and equal time for a child with each parent. The Court must also protect children from being exposed to family violence and take prompt action if allegations of family violence are made. Central to the reforms are the establishment of 65 Family Relationship Centres which will provide dispute resolution services, screen for family violence and, where necessary, refer to services to address family violence. The authors outline some of the difficulties faced by women experiencing family violence in a system that emphasises mediation and substantial child contact. Some may not disclose and their unequal bargaining power could disadvantage them and their children in mediation. Others may not be able to prove that they have a reasonable fear for their safety and their disclosure will be ignored. Worse, some may be found to have made a false allegation and have to pay costs to the other party. Those required to negotiate child contact arrangements may continue to be abused after separation, especially at contact changeover. At the time of writing, the Federal Government had commissioned a screening and assessment framework document. The authors note that the document should be prescriptive about the selection of screening and risk assessment tools, training and implementation, in order to avoid each of the 65 Family Relationship Centres adopting individual and inconsistent approaches. Family dispute resolution practitioners in the Centres should screen for family violence, conduct risk assessment where violence is disclosed, provide information, support, advice and referral for victims, provide treatment and referral to criminal justice agencies for perpetrators, assess cases for their suitability for dispute resolution and assist with the development of parenting plans. The fundamental goal of screening and risk assessment is to prevent further violence.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14737
ISSN:	14438496
Appears in Collections:	Journal Articles

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