Violence in Family Law Disputes
By Carlos Turini – Family Law Specialist
The Federal Labor Government recently introduced a bill to Parliament to address violence in family law disputes responding to key reports from the Australian Institute of Family Studies (AIFS), Professor Richard Chisholm AM, and the Family Law Council.[1]
The new definition of “family violence” is:
“…violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family.”
The definition includes examples, some of which would conventionally be recognized as violence such as: an assault, intentionally damaging or destroying property and stalking. Other examples are less conventional and are already controversial such as:
- “repeated derogatory taunts”,
- “unreasonably denying the family member the financial autonomy that he or she would otherwise have had” and
- “preventing the family member from making or keeping connections with his or her family, friends or culture”.
Concerns have been expressed that the new expanded definition of violence now includes some behaviour which is part of the normal conflict when families are separating and that allegations of violence will be open to manipulation within the field of battle in disputes involving children. They are concerned that the amendments will wind back the gains achieved through the 2006 reforms to the Act by the Howard Government which introduced shared care as a principal concept in the legislation.
Attorney General Robert McClelland has stated that: “The Government continues to support shared care but only where this is safe for the child.”
For more information please contact:
Carlos Turini at: cturini@elringtons.com.au
Claire Naidu at: cnaidu@elringtons.com.au
or call the Family Law Team on 02 6206 1300
Related Articles:
The Family Law Legislation Amendment Bill 2011 (Family Violence and Other Measures)
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[1]Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 http://www.comlaw.gov.au/Details/C2011B00058
