Family Violence – Best Practice Principles

The Family Law legislation amendment (Family Violence and Other Measures) Act 2011 (Cth) came into effect on 7 June 2012.

The amendments are designed to provide better protection for child of families at risk of violence and abuse.  They prioritise the safety of children in parenting matters, changing the definition of abuse and family violence and strengthening advisors obligations. 

Abuse is now defined:

(a) an assault, including a sexual assault of the child, or

(b) person (the first person) involving the child in sexual activity with the first person or another person in which the child is used directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person, or

(c) causing the child to suffer serious psychological harm, including, but not limited to, when the harm is caused by the child being subjected to, or exposed to family violence; or

(d) serious neglect of the child.

Examples of behaviour that may constitute family violence include (but are not limited to):

an assault; or

a sexual assault or other sexually abusive behaviour; or

stalking; or

repeated derogatory taunts; or

intentionally damaging or destroying property; or

intentionally causing death or injury to an animal; or

unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or

unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or

preventing the family member from making or keeping connections with his or her family, friends or culture; or

unlawfully depriving the family member, or any member of the family member’s family, or his or her liberty.

Only a few cases have tested the new definitions of the family violence.

However, it is important to note that it is not compulsory to participate in family dispute resolution where there are allegations or a risk of family violence.  When there is a risk of violence or abuse, a Form 4 – Notice of Risk or Violence of Abuse will be required to be filed with the Court.