Working with ongoing domestic and family violence in family dispute resolution (FDR): Problems and possibilities

Abstract

The safety implications for women and children experiencing ongoing domestic and family violence (DFV) after parental separation have long been recognised in Australia. Major family law reforms were introduced to divert families away from the court system and into a conflict resolution process designed to build a parental alliance, legislatively described as family dispute resolution (FDR). Amendments to the Family Law Act 1975 (Cth) (FLA) were also instigated to improve the family law’s systemic response to DFV. Recent evaluations have shown that the amendments were a step in the right direction, but major concerns over the safety of women and children remain due to ongoing DFV. This paper critically reflects on the interventions currently available for separating families with histories of DFV engaging in FDR and poses future directions in FDR research.