Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/21201
Record ID: 4a682a68-b513-469d-8eb8-a3069a8c06f6
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dc.contributor.authorWilcox, Karenen
dc.date.accessioned2022-07-01T00:37:59Z-
dc.date.available2022-07-01T00:37:59Z-
dc.date.issued2012en
dc.identifier.issn1838-9538en
dc.identifier.urihttps://anrows.intersearch.com.au/anrowsjspui/handle/1/21201-
dc.format10pen
dc.languageenen
dc.publisherAustralian Domestic & Family Violence Clearinghouse, UNSWen
dc.relation.isversionof2 reissueen
dc.subjectLegislation analysisen
dc.subjectFamily lawen
dc.subjectImpact on children and young peopleen
dc.titleIntersection of family law and family and domestic violenceAustralian Domestic & Family Violence Clearinghouse Thematic Reviewen
dc.typeElectronic publicationen
dc.identifier.catalogid4325en
dc.identifier.urlhttp://www.adfvc.unsw.edu.au/PDF%20files/Thematic%20Review_2_Reissue.pdfen
dc.subject.keywordnew_recorden
dc.subject.keywordInvalid URLen
dc.subject.keywordElectronic publicationen
dc.subject.keywordNationalen
dc.description.notesIn 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.<br/ ><br/ >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.<br/ ><br/ >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.<br/ ><br/ >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.en
dc.date.entered2012-02-02en
dc.publisher.placeSydney, NSWen
dc.description.physicaldescription10 p.en
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