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.