Web resource:	https://aifs.gov.au/research/research-reports/allegations-family-violence-and-child-abuse-family-law-childrens
Type:	Report
Title:	Allegations of family violence and child abuse in family law children's proceedings : a pre-reform exploratory studyResearch report (Australian Institute of Family Studies)
Authors:	Smyth, Bruce Richardson, Nick Weston, Ruth Moloney, Lawrie Gray, Matthew Qu, Lixia
Keywords:	Child protection;Family law
Year:	2007
Publisher:	Australian Institute of Family Studies
Citation:	2007, No. 15
Notes:	General Overview: This study reports on Australian research that examined 300 files from the family law jurisdiction and considered the prevalence and nature of allegations of family violence, and how these allegations affected the outcome of the litigation. Objective:The Australian Institute of Family Studies was commissioned by the Commonwealth Attorney-General’s Department to examine the prevalence and nature of allegations of family violence, responses to them and how allegations are addressed in courts exercising family law jurisdiction. The purpose of the research was to have information about how allegations were dealt with before the 2006 amendments to the Family Law Act, so that assessments can be made about the effects of the reforms. Children typically lived with the same parent both before and after parenting orders were made (usually the mother). Orders for overnight stays with the father were made in most cases but where allegations of spousal violence had been made they were less likely (64%) than where these allegations were not made (82%). Even where the most severe allegations were made or where the allegations had strong probative weight, more than half of the fathers had overnight stays. Conclusions:The authors conclude by calling for courts to differentiate between forms of violence, particularly by identifying violence that suggests a present or future risk to former partners or children. These cases require speedy interim arrangements that prioritise safety over parent-child relationships. The authors recommend that professionals at the entry point to the family law assessment immediately assess their client’s capacity to negotiate on their own behalf and on behalf of their children. These professionals should also assist clients to record details of their allegations of violence.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/18967
ISBN:	9780642395504
Physical description:	x, 173 p. ; 30 cm.
Appears in Collections:	Reports

Items in ANROWS library are protected by copyright, with all rights reserved, unless otherwise indicated.