The latest material added to the Australian Institute of Family Studies library database is displayed, up to a maximum of 30 items. Where available online, a link to the document is provided. Many items can be borrowed from the Institute's library via the Interlibrary loan system.
Oxford : Oxford University Press, 2021.
Every year, millions of women across the world turn to the law to help them live free from intimate partner violence. They engage with child protection services and the police, they apply for civil protection orders, they seek family court orders to keep their children safe from violent fathers, and they take special visa pathways to avoid deportation following their separation from an abuser. However, while separation may seem like a solution, often the abuse just gets worse or the women become enmeshed in overlapping, complex, and often inconsistent legal processes. This book explores how women interact with the law in response to intimate partner violence, drawing on interviews with women several times over three years. The book highlights the many failures of the legal system to provide safety for women and their children and how abusers often harness aspects of the legal process to continue their abuse. Chapters include: non-physical abuse and coercive control; using law; interacting with the child protection service; policing intimate partner violence; lawyers and legal representation; judges in the protection orders and family law systems; and the process and conditionality of separation.
Sydney : Domestic Violence Death Review Team, 2020.
The Domestic Violence Death Review Team was established in 2010 to examine individual cases of domestic violence related deaths in New South Wales - including homicide, suicide, and fatal accidents - to better inform prevention efforts in the state. This report presents findings and recommendations from the 53 cases of death examined between 2017 and 2019. It provides information on intimate partner domestic violence homicide, relative/kin domestic violence homicide, 'other' domestic violence homicide, child homicide victims, victim characteristics, perpetrator and case characteristics, and criminal/coronial outcomes - there is also a special section providing further analysis on intimate partner domestic violence homicides since 2006. Recommendations are made for early Intervention, safety planning, responding to different types of abuse, family law responses, perpetrator Interventions, services for Aboriginal people and culturally and linguistically diverse people, and intersecting issues, such as mental health and alcohol and other drug use. Between 1 July 2000 and 30 June 2019 there have been 1683 homicides: 31% occurred in a context of domestic violence, and 57% of homicides with a female victim were domestic violence related.
Canberra, ACT : Family Court of Australia, 2020.
This annual report presents information on the Family Court of Australia's activities and performance for the year 2019/2020. It includes financial statements and information on organisational structure and governance, and presents statistics on client groups, divorce applications, parenting and financial cases, clearance rates, time taken, appeals, representation of litigants, cases with a notice of child abuse or family violence, and Magellan cases. In 2019-20, the Court received in excess of 21,000 applications, and work continued on the harmonisation of the Family Law Rules and the Federal Circuit Court Rules, to create a single set of rules for the two court systems. A significant event was the advent of the COVID-19 pandemic at the end of March, during which the Court shifted to electronic hearings - a list was also established to handle the increase in urgent family law applications.
Hobart, Tas. : Social Action and Research Centre, Anglicare Tasmania, 2020.
This report looks into the experiences of parents in the court and legal processes associated with the Child Safety system in Tasmania. Interviews were undertaken with 36 parents and 45 lawyers, and highlights what it is like to cross the interface between the Child Safety and Justice systems, as well as how far parents are able to participate in decision-making processes and the ability of these processes to promote family preservation and reunification. The findings indicate that the system is underpinned by high and increasing workloads and a lack of resourcing, as well as unsupportive, confusing, and stressful, undermining a family's chances of preservation or reunification. Drawing also on a review of reforms being trialled in Child Safety systems in other jurisdictions, the report makes recommendations on improving the experiences of birth parents and their ability to preserve their family.
Melbourne, Vic. : Australian Institute of Family Studies, January 2020.
This is the submission from the Australian Institute of Family Studies to the Joint Select Committee on Australia's Family Law System. The Committee was established in 2019 to investigate a range of issues associated with the appropriateness, effectiveness and impacts of the family law system, following on from the 2018 review. This submission highlights findings from the Institute's work that relate to the Committee's terms of reference, including: interaction and information-sharing between systems and jurisdictions, court powers in relation to the provision of evidence, court reform: capacity to deal with complex issues, legal costs in property matters, family law support services and family dispute resolution (FDR), family law impacts on children and families, grandparent carers, improving performance of family law system professionals, family law and child support systems: interactions, and pre-nuptial agreements. Together, the work of the Institute demonstrates the need for a system that: is trauma-informed and child-inclusive, provides effective client support and dispute resolution services, and is delivered by family law professionals with the skills to secure the safety and best interests of children and their families.
Brisbane, Qld. : Domestic and Family Violence Death Review and Advisory Board, 2019.
The Domestic and Family Violence Death Review and Advisory Board is one mechanism by which the Queensland Government aims to to prevent domestic and family violence deaths. It will undertake systemic reviews of domestic and family violence deaths, identify common systemic failures, gaps or issues, and make recommendations to improve systems and practices. This annual report outlines the Board's work in 2018-2019. It presents findings from a statistical analysis of the deaths of the 320 children and adults killed by family members or intimate partners in Queensland since 2006, as well in-depth reviews of the 24 deaths which were reviewed by the Board in this reporting year. The statistics show that females remain significantly over-represented as victims, and males as perpetrators, in intimate partner homicides, and that actual or pending separation is involved in almost half of cases where there is a history of violence. Filicide represented over 20% of all domestic and family homicides, with children in the first year of life at the greatest risk. There were elevated numbers in geographically isolated areas: a common theme was a lower level of formal service system contact, but a higher level of awareness of the abusive behaviours among informal support networks. The Board also reviewed four apparent suicides of Aboriginal adolescents with a history of direct experience or exposure to significant family violence throughout their childhood.
Canberra, ACT : Family Court of Australia, 2019.
This annual report presents information on the Family Court of Australia's activities and performance for the year 2018/2019. It includes financial statements and information on organisational structure and governance, and presents statistics on client groups, divorce applications, parenting and financial cases, clearance rates, time taken, appeals, representation of litigants, cases with a notice of child abuse or family violence, and Magellan cases. In this period, 2,395 applications for final orders were finalised, with 93% finalised within 12 months. Significant matters include the appointment of Will Alstergren as Chief Justice of both the Family Court and the Federal Circuit Court, the appointment of a working group to harmonise the two sets court rules, the release of the Australian Law Reform Commission's review of the family law system, and new training for judges about family violence.
Child Abuse and Neglect v. 94 Aug 2019: Article 104045
This article investigates whether claims of parental alienation syndrome are being used in Australia as a counter to allegations of child sexual abuse in family court cases. It reviews 357 court judgements from between 2010 and 2015 to explore themes of parental alienation, parent coaching, mothers as manipulative, mothers as mentally ill, and the best interest of the child.
London : High Court of Justice, 2019.
In 2018 in the United Kingdom, a working group was established to look at practices and processes in the operation of the child protection and family justice systems. This interim report presents draft recommendations and best practice guidance, and invites feedback. The working group is investigating: measures which may be taken to divert those public law applications made by local authorities to the Family Court which could be 'stepped down'; the issue of the increase in short-notice applications being made by local authorities when issuing applications for public law orders; when and how engagement with children can be made in the most effective way; restructuring case management; and delivering enhanced benefits and outcomes for children. To complete this work, six sub-groups were established, addressing: local authority decision-making, pre-proceedings and the PLO, the application, case management, special guardianship, and s20/s76 accommodation. The working group was established by the President of the Family Division of the High Court and is led by Mr Justice Keehan.
Children Australia v. 44 no. 1 Mar 2019: 5-12
Risk assessments by expert witnesses appointed by the Family Court of Australia (FCA), and as informed by findings of any investigations by police and child protection agencies, play a critical role in the adjudication of custody disputes involving allegations of child sex abuse. This study focuses on the contribution made by these independent advisors as documented in the FCA trial transcripts of a sample of 62 such cases in the period 2012-2016. Analysis reveals that those responsible for assessing risk shared a concern for an emerging pattern of applicant responsibility for systems abuse, in conjunction with emotional abuse, as a significant child protection issue. It also raises issues for the Court when there are multiple risk assessments coming from experts who bring different disciplinary and organisational perspectives. As an exploratory study, the implications of these findings need to be viewed through the lens of protecting the best interests of the child.
Australian Journal of Family Law v. 32 no. 3 Feb 2019: 221-248
Although family law has a presumption of shared parenting, social norms in Australia prioritise the mother-child relationship and many child custody arrangements still tend to be based on more time with mothers. This article explores the exceptions - cases where mothers are ordered to spend no or minimal time with their child - or, in other words, where the legal system finds against the mother-child relationship. A sample of 50 cases from the Family Court and the Federal Circuit Court were reviewed to investigate the nature of the mother-child relationship in such cases and what factors cause legal professionals to decide that a woman is not a good mother. All of the judgments in these cases were attributed to the need to protect the child from physical or emotional harm, due to direct abuse or incapacity, but in many cases this was considered due to an inability to enable a meaningful father-child relationship.
Journal of Child Custody v. 15 no. 2 2018: 93-115
This article investigates the outcomes of family court cases involving allegations of child sexual abuse. 156 judgments of the Family Court of Australia, from 2013-2015, were assessed to identify how often allegations are substantiated, suspected to be true, or disbelieved, and the characteristics of cases such as the type of evidence presented, who made the allegation, and prior child protection involvement. The analysis found that a low rate of substantiation - lower than rates found in other studies - and that allegations made by mothers against fathers were disproportionately unsubstantiated.
Sydney, NSW : Australian Human Rights Commission, 2018.
In this report, the Australian Human Rights Commission presents 60 recommendations to the Australian Government on matters of children's rights and the Convention on the Rights of the Child. A wide range of issues are addressed, including civil rights and freedoms, human rights legislation, data collection, children detained in adult prisons, the age of criminal responsibility, violence against children, forced marriage and female genital mutilation, race and sex discrimination, family environment and alternative care, disability, basic health and welfare, education, leisure and cultural activities, surrogacy and recognition of legal parentage, cyberbullying and image based abuse, and special protection measures. Though most Australian children grow up in safe and healthy environments and do well, there are some groups of children whose rights are not adequately protected, impacting upon their wellbeing and ability to thrive. Recommendations include that the Government develops a National Plan for Child Wellbeing, amends the Family Law Act to require that children are provided with an opportunity to express their views, amends the Family Law Act to clarify the definition of parent for children born from surrogacy arrangements, explicitly prohibits the use of isolation and force as punishment in juvenile justice facilities, and facilitates a national model for working with children checks.
Brisbane, Qld. : Domestic and Family Violence Death Review and Advisory Board, 2018.
The Domestic and Family Violence Death Review and Advisory Board is one mechanism by which the Queensland Government aims to to prevent domestic and family violence deaths. It will undertake systemic reviews of domestic and family violence deaths, identify common systemic failures, gaps or issues, and make recommendations to improve systems and practices. This annual report outlines the Board's work in its second year of operation in the 2017-2018 financial year. It presents findings from a statistical analysis of the deaths of the 294 children and adults killed by family members or intimate partners in Queensland since 2006, as well in-depth reviews of the 30 deaths which were reviewed by the Board in this reporting year. The analyses help identify the breadth and scope of the problem, the events leading up to the deaths, the presence of any risk indicators, prior service system contact, and opportunities to intervene, and potentially prevent, these deaths. Issues raised include the characteristic of coercive controlling violence, post-separation violence and 'contact abuse', abuse of family law processes and custody to gain advantage, the mis-identification of perpetrators by police, and prior contact with health and justice services.
Legislation review digest. No. 64 of 56. Sydney, N.S.W. : Legislation Review Committee, 2018: 7-15
This digest reviews bills and regulations in New South Wales brought before the Legislation Review Committee for scrutiny. This chapter presents the Committee's findings relating to a new bill to amend the Children and Young Persons (Care and Protection) Act 1998. The bill aims to implement improvements to the child protection system resulting from proposals in the discussion paper 'Shaping a Better Child Protection System'. However, the Committee raises concerns about the use of mandated - and arguably arbitrary - timeframes for attempting restoration or awarding adoption, as well as concerns about consent and what the courts must consider in their deliberations. The bill will be considered by Parliament together with another bill regarding the screening of workers in the National Disability Insurance Scheme, so this chapter also discusses both of these bills.
Canberra, ACT : Family Court of Australia, 2018.
This annual report presents information on the Family Court of Australia's activities and performance for the year 2017/2018. It includes financial statements and information on organisational structure and governance, and presents statistics on client groups, divorce applications, parenting and financial cases, clearance rates, time taken, appeals, representation of litigants, cases with a notice of child abuse or family violence, and Magellan cases. In this period, 20,436 applications were filed and 75% of judgments were delivered within 3 months. Two upcoming reforms will shape the future of the Family Court: in 2017, the Australian Law Reform Commission began a review of the family law system, and in 2018, the Attorney-General announced the Government's intention to reform the structure of the federal courts through a merger.
Australian Family Lawyer v. 27 no. 1 Jul 2018: 31-39
Child witnesses pose a difficult problem for the legal system, which is fundamentally designed to test the evidence of adults not children. This article considers current methods of providing the court with information from children in family law matters in Australia, in particular for allegations of child sexual abuse or family violence. It discusses the difficulties posed by such information, issues pertaining to its assessment, and the contexts in which information obtained from children can be valuable and where it should be treated with caution.
Australian Social Work v. 71 no. 2 2018: 175-188
The Gold Coast Domestic Violence Integrated Response (GCDVIR) in Queensland is based on the Duluth Model and involves over 15 agencies, including child protection, domestic violence, and justice. It aims to support the safety and wellbeing of women and children living with and separated from domestic and family violence. This article describes the development of the program and the factors that have enabled effective collaboration. It draws on interviews with 30 professionals from a range of agencies involved with GCDVIR, highlighting themes of collaboration versus integration, shared understandings and definitions, risk, accountability, leadership, and jurisdictional tensions.
Australian Social Work v. 71 no. 2 2018: 215-227
Australia has two legal systems that address safety where children have been exposed to domestic violence: the state- and territory-based statutory child protection systems and the federal family law system. This article looks at the views of practitioners on the opportunities for, and barriers to, collaboration for children's safety across these systems. It draws on findings from from a case study from the PATRICIA (PAThways and Research InterAgency practice) project, which examined relationships between statutory child protection, family law, and domestic violence and community services, with focus groups held with 54 professionals. The findings reveal common ground and conflicting views, highlighting the need to build common understandings of risk and address jurisdictional fragmentation.
Melbourne : Australian Institute of Family Studies, 2018.
In Australia's adversarial court system, there are no specific provisions to prevent a self-represented perpetrator of family violence from directly cross-examining their victim, or to provide alternative processes for a self-represented victim so that they are not required to directly cross-examine their perpetrator. This report was commissioned to learn more about the extent and characteristics of such cases in Australia, as well as what arrangements are made by courts to safeguard litigants. It examines quantitative and qualitative data from court files and audio and transcripts of proceedings, collected from the Family Court of Australia and the Federal Circuit Court of Australia, and analyses unreported judgments of the Family Court of Western Australia. It investigates the occurrence of direct cross-examination in cases of alleged family violence, prevalence and nature of allegations of family violence, allegations of child abuse and parental mental illness, involvement in direct cross-examination by alleged victims and perpetrators, the relationship between direct cross-examination and the type of claims made about each party, the operation of direct cross-examination in such cases, risk assessments and evidentiary profiles, prevalence and outcomes of risk assessments, safeguards employed, remote witness facilities and other security arrangement, judicial monitoring and intervention, and third-party intermediaries.
This thesis examines whether family law in Australia provides protection for emotionally abused children. It reviews the 1975 Family Law Act in the context of two recent major legislative frameworks: the Family Law Amendment (Shared Parental Responsibility) Act 2006 and the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011. The thesis also evaluates how closely Australian family law's conceptualisation of emotional abuse reflects the understanding of emotional abuse in social science literature. The study finds that each of the law reforms provided a legislative framework which enabled the Family Court to assess the need to protect emotionally abused children and make appropriate orders. However, it also found that the extent to which each regime's legislative framework enabled judicial officers to protect children was affected by the policy underpinning the amendments and how (and whether) the legislature recognised and addressed the issue of emotional abuse in the section 4 definition of abuse and the section 60CC best interests considerations.
International Journal of Law, Policy and the Family v. 31 no. 1 Apr 2017: 41-59
This article explores the impact on parents of having a child taken into care through a court-order. Drawing on legislation and policy from Australia, England, and the United States, the authors argue that the court system reinforces parents' exclusion and compounds the challenges they face. Sections include: Birth parents beyond child removal: policy and legislative responses; Time for a fundamental reappraisal: foster care as interim palliative and the discovery of repeat client-hood; Beyond family justice involvement: what can we learn from scholarship concerned with offender rehabilitation?; The collateral consequences of court ordered child removal: towards a comprehensive framework; Grief and court-ordered removal of children; Child removal and social stigma; Third party ripple effects; Legal stigmatisation: nailed down by the past; and Welfare penalties.
New Zealand : The Backbone Collective, 2017.
The Backbone Collective in New Zealand advocates for better service responses for women experiencing violence and abuse. This report adds to their work on the responses of the Family Court system. It presents the findings of a survey of 291 mothers on how the Family Court responds to children who have experienced family violence. The report has been entitled 'Force' as it was felt that this encapsulates the ways in which the Family Court is putting women and children in more danger through forced contact and proceedings. 38 Maori women took part in the survey, and their distinct issues are also discussed. Topics include: children's experience of abuse, court responses to children reporting violence, care and contact arrangements, use of risk assessment, children's responses to forced contact, mother blame, and legislation.
Canberra, A.C.T. : Standing Committee on Social Policy and Legal Affairs, April 2017.
The Standing Committee on Social Policy and Legal Affairs is conducting an inquiry to improve family law system responses to those affected by family violence. This document is a submission by the Australian Institute of Family Studies to the inquiry, presenting research findings that are relevant to the terms of reference. Drawing on the Longitudinal Study of Separated Families (LSSF) and the Institute's evaluation of the 2012 family violence amendments, it presents data on the prevalence of family violence among separated families, children's exposure to family violence, ongoing safety concerns, use of family law system services, parenting orders in the context of family violence, allegations of family violence and child abuse in court proceedings, and property and financial arrangements in the context of family violence.
University of New South Wales Law Journal v. 40 no. 1 2017: 146-185
The federal family law system provides for the rights and needs of Indigenous children in Australia, including their right to enjoy their own culture and have their identity positively supported. This article argues that increasing Indigenous access to the federal family law system is one effort that can be made to reduce the over-representation of Indigenous children in out-of-home care. It provides an overview of the legislative framework and recent case law and research regarding Indigenous access to family law in Australia, including its intersections with child protection and recent engagement strategies.
Family Law Review v. 7 no. 1 2017: 3-19
This article examines the prevalence of allegations of family violence from the perspective of their impact on the workload of the Federal Circuit Court of Australia. Based on a sample of 201 parenting cases from a 14 week period in 2015/16, it looks at the prevalence of family violence or child abuse allegations, past involvement with police or child welfare agencies, the prevalence of mental illness or substance abuse allegations, concurrence of allegations, legal representation, appointment of children's lawyers, delay to court, and comparison with allegations of family violence in the general community. The findings highlight the complexity of cases before the Federal Circuit Court and the demands they make on court resources.
Melbourne, Vic. : Centre for Innovative Justice, RMIT University, 2016.
This report presents a high level overview of the journey of perpetrators of family violence as the service system becomes aware of their behaviour. It identifies possible 'doorways' that a perpetrator encounters that could provide an opportunity for intervention or referral - including general practice, child protection services, police, and the family law system - and considers the ways in which these service sub-sectors can function effectively and collaboratively. All points of the system should function as doors to participation in an appropriate intervention, or at the very least as windows to the risk that the perpetrator poses. Examples of promising practice from Victoria, interstate, and overseas are also included.
London : Dept. for Education, 2016.
One key reform of the 2014 British Children and Families Act is the revised Public Law Outline (PLO), which introduced a 26 week timeframe for completing care (child protection) proceedings. Previously, the average duration for the disposal of a care application was 56 weeks. This report is the third in a series of 3 evaluating this reform. Previous evaluations found that professionals broadly welcomed the changes, while noting a range of challenges in its implementation. This report builds on those previous studies to explore the range of factors which may contribute to variation in the average care case duration of individual local authorities. It draws on interviews with 60 senior managers and legal professionals from 21 local authorities in England.
Family Law Review v. 6 no. 3 2016: 218-225
This article looks at the 'judicial overlap' between state child protection and federal family law, including division of power, information provision, and conflict, citing cases where the court has questioned the appropriateness of a state department's chosen intervention.
Australian Community Psychologist v. 28 no. 1 Aug 2016: 59-78
This article explores mothers' understandings of protecting their children, as part of larger study investigating women's experiences of the coordinated community and criminal justice response of the Family Violence Court in Waitakere, New Zealand. It analyses women's meanings of safety, protection, harm and violence, as part of their discussions of the key moments and relationships that were part of their engagement with advocacy, police and legal services, and as victims of intimate partner physical violence.