Response to Family Law Council Discussion Paper 'Families with Complex Needs and the Intersection of the Family Law and Child Protection Systems'


Book Description

The Australian Attorney-General has asked the Family Law Council to inquire into families with complex needs and the intersection of the family law and child protection systems, and has invited public feedback. This submission, by the Women's Legal Services Australia, argues that family law courts are largely domestic violence courts involving families with high levels of vulnerability and safety concerns. A particular issue is victims of domestic violence of being personally cross examined by their abusers in family law proceedings or having to personally cross examine their former partner. It presents findings from a 2015 survey of 270 women accessing legal services regarding experience of family violence, types of violence experienced, use of legal representation in court, settlement prior to trial, whether prospect of personal cross examination by their ex-partner was a factor in their decision to settle, number of children, and the impact of being personally cross-examined. The findings highlight how the system is contributing to negative mental health outcomes, and supports WLSA's arguments for more detailed legislation and decision-making steps concerning vulnerability of witnesses.
















Failure to Flourish


Book Description

Exploring the connection between families and inequality, Failure to Flourish: How Law Undermines Family Relationships argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation policy to the criminal justice system, and from divorce rules to the child welfare system, the legal system makes it harder for parents to provide children with these kinds of relationships, exacerbating the growing inequality in America. Failure to Flourish contends that we must re-orient the legal system to help families avoid crises and, when conflicts arise, intervene in a manner that heals relationships. To understand how wrong our family law system has gone and what we need to repair it, Failure to Flourish takes us from ancient Greece to cutting-edge psychological research, and from the chaotic corridors of local family courts to a quiet revolution under way in how services are provided to families in need. Incorporating the latest insights of positive psychology and social science research, the book sets forth a new, more emotionally intelligent vision for a legal system that not only resolves conflict but actively encourages the healthy relationships that are at the core of a stable society.




Improving Responses to Family Violence in the Family Law System


Book Description

In 2008, the Family Law Council was asked by the Attorney-General to provide advice on improving the coordination between the family law and the State and Territory family violence systems, with particular emphasis on court related services. The Council examined how the family law system could better identify and address allegations of family violence and how related authorities could share information and assessments. This report presents their advice, which includes recommendations addressing community education on domestic violence and parenting rights under the law, professional training on assessment and procedures, and interagency collaboration between courts, state and territory child protection agencies, and other related bodies. The report discusses: the impacts of family violence on children and parenting; definitions of family violence; family violence and specific issues, such as health and culture; the role of the Commonwealth Government; the need for a common understanding that is evidence based; the jurisdictional framework impacting on family violence and child abuse; adducing evidence in court; communication between States, Territories and Federal authorities; and a framework for legislative reform.




Family Law Reform


Book Description




A New Approach to the Family Law System


Book Description

On 10 November [2004]the Government released a discussion paper seeking input from the community into the implementation of wide-ranging reforms to the family law system. The reforms follow the report of the parliamentary inquiry into child custody arrangements in the event of family separation 'Every Picture Tells a Story' and include the establishment of a new network of 65 community-based Family Relationship Centres which will help parents reach agreement on parenting arrangements after separation.




Putting Children's Interests First in U.S. Family Law and Policy


Book Description

Putting Children's Interests First in US Family Law and Policy details the rise of federal 'sexual expressionism' policy.