Web resource:	http://www.adfvc.unsw.edu.au/PDF%20files/Thematic%20Review_2_Reissue.pdf
Type:	Electronic publication
Title:	Intersection of family law and family and domestic violenceAustralian Domestic & Family Violence Clearinghouse Thematic Review
Authors:	Wilcox, Karen
Keywords:	Legislation analysis;Family law;Impact on children and young people
Year:	2012
Publisher:	Australian Domestic & Family Violence Clearinghouse, UNSW
Notes:	In November 2011, the Commonwealth Parliament passed a reform Bill that amended a number of key sections of the Australian Family Law Act 1975:(Cth). This Bill’s origins lay in a growing unease among researchers and practitioners across several disciplines following the radical revision of family law undertaken by the previous government in 2006. In particular, there was substantial concern about the ways in which families experiencing domestic and family violence were being managed within the new family law. The 2006 amendments had provided statutory architecture to the policy interests of the growing and vocal ‘fathers’ rights’ pressure groups, creating one of the first legally enshrined shared care regimes in the western world. Along with these significant changes to laws around parenting ‘time’ (previously known as contact or access), the 2006 changes promoted mediated agreements and less adversarial court trials, as well as cooperative, non-litigious approaches to problem solving of child contact issues. Although on the face of it, the new laws recognised the negative impact of domestic violence on children’s wellbeing (at least in relation to direct harm and safety concerns), the construction of the legislation was confusing and contradictory. With the election of a new federal government in late 2007, the Commonwealth began to engage with issues that arose from growing ground level concerns, particularly those relating to negative outcomes for children affected by domestic violence, which practitioners felt had become more prevalent through the courts and other decision making pathways. In response, the government commissioned a number of key studies to examine the impacts of these changes, both generally and where there was family violence. In addition, independent studies were also commenced focusing on concerns for children’s wellbeing and safety that emerged after the 2006 legislative reforms. Several important reports have been published in response to these commissioned and independent investigations. This Thematic Review examines key themes of these reports that are relevant to work with family and domestic violence. It provides snapshots of the new ‘evidence base’ pertaining to family law system practice where there is family violence. The paper includes discussion of issues and difficulties experienced by domestic violence victims and their children identified in this new body of research. These difficulties arise from the laws, systems and practices implemented since the commencement of the 2006 legislation but also reflect ongoing attitudinal and cultural changes that pre-date (and contributed to) changes to the legal system.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/21201
ISSN:	1838-9538
Physical description:	10p
Appears in Collections:	Online resource

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