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https://anrows.intersearch.com.au/anrowsjspui/handle/1/14805 Record ID: ec7e6142-7c29-4001-970f-e6ffbe8d580f
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| DC Field | Value | Language |
|---|---|---|
| dc.contributor.author | Easteal, Patricia | en |
| dc.contributor.author | Drury, James | en |
| dc.date.accessioned | 2022-06-30T23:15:18Z | - |
| dc.date.available | 2022-06-30T23:15:18Z | - |
| dc.date.issued | 2021 | en |
| dc.identifier.citation | Volume 34, Issue 1 | en |
| dc.identifier.uri | https://anrows.intersearch.com.au/anrowsjspui/handle/1/14805 | - |
| dc.description.abstract | This article examines the possible impact of separated fathers’ coercive control on their former partners’ mental health, and the apparent differential treatment of mothers’ and fathers’ allegations by family law courts. A small select population of judgments for the period 2013–20 published in the Australasian Legal Information Institute were identified. Each matter contained allegations of both maternal mental health issues and allegations of family violence against the father. The analysis of this sample has shown that the psychological impact of coercive control on mothers tends to be minimised. The courts do appear to acknowledge the potential nexus between controlling behaviour and mental health but give primacy to the impact of coercive control on the mother’s parenting capacity rather than on her mental health. This approach can adversely impact mothers because it can result in a child being placed in a violent father’s care. | en |
| dc.language | en | en |
| dc.publisher | LexisNexis | en |
| dc.relation.ispartof | Australian Journal of Family Law | en |
| dc.subject | Coercive control | en |
| dc.subject.other | Understanding victimisation and perpetration, and their impacts | en |
| dc.subject.other | People with mental health and/or drug and alcohol issues | en |
| dc.subject.other | ANROWS Completed Register of Active Research projects | en |
| dc.title | Fathers’ allegations of mental health and mothers’ allegations of coercive control: Intersections and outcomes in family law proceedings | en |
| dc.type | Journal Article | en |
| dc.identifier.catalogid | 16980 | en |
| dc.subject.keyword | new_record | en |
| dc.relation.url | https://www.lexisnexis.com.au/aus/services/tools/pdf_toc/ajfl.pdf | en |
| dc.subject.readinglist | ANROWS Completed Register of Active Research projects | en |
| dc.subject.readinglist | Understanding victimisation and perpetration, and their impacts | en |
| dc.subject.readinglist | Policing and legal responses | en |
| dc.subject.readinglist | Other | en |
| dc.subject.readinglist | People with mental health and/or drug and alcohol issues | en |
| dc.subject.readinglist | General population | en |
| dc.subject.readinglist | ANROWS Notepad 2021 June 15 | en |
| dc.description.notes | <p>This research was included in the ANROWS Register of Active Research (RAR). The research has concluded and the output has been added to the ANROWS library. Please visit https://www.anrows.org.au/register-of-active-research/ for more information on the RAR.</p><p><strong>PROJECT LEAD</strong><br />Prof Patricia Easteal<br />The University of Canberra</p><p><br /><strong>EMAIL</strong><br />patricia.easteal@canberra.edu.au</p><p><br /><strong>PROJECT INVESTIGATORS/RESEARCHERS</strong><br />James Drury</p><p><strong>TOPICS</strong><br />Policing and legal responses<br />Understanding victimisation and perpetration, and their impacts<br />Coercive control</p><p><br /><strong>POPULATIONS</strong><br />People with mental health and/or drug and alcohol issues<br />General population</p><p><br /><strong>GEOGRAPHICAL SCOPE</strong><br />National</p><p><strong>BACKGROUND</strong><br />This study examines the possible impact of separated fathers’ coercive control on their former partners’ mental health, and the apparent differential treatment of mothers’ and fathers’ allegations by family law courts. The authors argue that the psychological impact of coercive control on mothers tends to be minimised. The courts appear to acknowledge the potential nexus between controlling behaviour and mental health but give primacy to the impact of coercive control on the mother’s parenting capacity rather than on her mental health. This approach can adversely impact mothers because it can result in a child being placed in a violent father’s care.</p><p><strong>AIM</strong><br />This project aims to look at the possible impact of separated fathers’ coercive control on their former partners’ mental health, and the apparent differential treatment of mothers’ and fathers’ allegations by family law courts.</p><p><strong>METHODS</strong><br />Thirty family law judgments were found that contained allegations of mental health issues in the mother and allegations of family violence against the father. These spanned the 7-year period from 24 June 2013 to 9 January 2020.</p><p>We recorded jurisdiction, location, orders proposed by parties, orders made, accusations of mental health issues, whether the mother had a diagnosed history of mental health, the judicial officer’s assessment of the mother’s parenting capacity, legal representation and the views of the independent children’s lawyer. These data were cross-tabulated where appropriate and analysed thematically to identify common themes in judicial reasoning.</p><p><strong>SIGNIFICANCE</strong><br />The Family Law Act 1975 (Cth) needs to be amended to better ensure that the connections between coercive control and maternal mental health are recognised. Our suggestions include expanding s 4AB (1) to include a requirement that the Court consider the impacts of coercive control on mental health, particularly where a decline in mental health has effected psychological harm on the child. Section 4AB (2) could be amended to specifically include systems control as an example of family violence, which might aid in mitigating the Court from unduly dismissing the impact of systems control on a party’s mental health, and thereby their parenting capacity. Further, in acknowledgment of the nexus of allegations against another party’s parenting capacity and its effects on that capacity, we suggest that the alleged party may apply for an injunction restraining further allegations thereby allowing for the alleged party’s parental capacity to be assessed in the absence of further allegations.</p><p><br /><strong>PROJECT START DATE</strong><br />February 2020</p><p><br /><strong>EXPECTED COMPLETION DATE</strong><br />June 2021</p> | en |
| dc.date.entered | 2021-06-03 | en |
| dc.subject.list | ANROWS Notepad 2021 June 15 | en |
| dc.subject.anratopic | Policing and legal responses | en |
| Appears in Collections: | ANROWS Completed Register of Active Research projects | |
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