The present form of the family law system in Australia was shaped initially by the enactment of the Family Law Act 1975 (Cth) and the establishment of the Family Court of Australia in 1976. The court continues to exercise jurisdiction in matters involving divorce, children’s issues, property and maintenance alongside the Federal Circuit Court of Australia (established in 2000). The Family Court of Western Australia exercises jurisdiction in these matters in Western Australia.

Since 1975, a range of social changes and policy shifts have continued to influence the system in significant ways. These are reflected in many different amendments to the Family Law Act, including:

• the introduction of the presumption in favour of equal shared parental responsibility in 2006
• provisions placing increased emphasis on the need to protect children from harm from exposure to abuse and family violence in 2012.

At the same time, there have been shifts in the composition of the system of services that assist families with relationship breakdown, most evident in 2006 through the introduction of a network of 65 Family Relationships Centres providing, advice, support, assistance and family dispute resolution services.

AIFS research

Separation has been a core focus for AIFS since its establishment in 1980 (under the Family Law Act). Through an extensive and long-standing research program, we have examined a range of family law-related issues.

Evaluations of two successive sets of reforms to the Family Law Act are multi-method flagship projects that not only examined the impact of the reforms but also developed a significant empirical evidence base that continues to be highly relevant. These evaluations are:

• the evaluation of the 2012 family violence amendments
• the evaluation of the 2006 family law reforms

In addition to these projects, AIFS has undertaken a range of other projects on separation and family law. These include:

• child participation and the needs of children and young people in separated families
• direct cross-examination in family law matters involving family violence.

Related publications

The evaluation of the 2012 family violence amendments

• Australian Institute of Family Studies (2019). Parenting arrangements after separation. Melbourne: AIFS.
• Kaspiew, R., Carson, R., Dunstan, J., Qu, L., Horsfall, B., De Maio, J. et al. (2015). Evaluation of the 2012 family violence amendments: Synthesis report. Melbourne: Australian Institute of Family Studies.
• Kaspiew, R., Carson, R., Qu, L., Horsfall, B., Tayton, S., Moore, S. et al. (2015). Court Outcomes Project (Evaluation of the 2012 Family Violence Amendments). Melbourne: Australian Institute of Family Studies.
• Kaspiew, R., Carson, R., Dunstan, J., De Maio, J., Moore, S., Moloney, L. et al. (2015). Experiences of Separated Parents Study (Evaluation of the 2012 Family Violence Amendments). Melbourne: Australian Institute of Family Studies.
• Kaspiew, R., Carson, R., Coulson, M., Dunstan, J., & Moore, S. (2015). Responding to family violence: A survey of family law practices and experiences (Evaluation of the 2012 Family Violence Amendments). Melbourne: Australian Institute of Family Studies.

The evaluation of the 2006 family law reforms

• Kaspiew, R., Gray, M., Weston, R., Moloney, L., Hand, K., Qu, L., & the Family Law Evaluation Team. (2009). Evaluation of the 2006 family law reforms. Melbourne: Australian Institute of Family Studies.
• Qu, L., Weston, R., Moloney, L., Kaspiew, R., & Dunstan, J. (2014). Post-separation parenting, property and relationship dynamics after five years. Canberra: Attorney-General’s Department. 

Child participation and the needs of children and young people in separated families

• Carson, R., Dunstan, E., Dunstan, J., & Roopani, D. (2018). Children and young people in separated families: Family law system experiences and needs. Melbourne: Australian Institute of Family Studies.
• Kaspiew, R., Carson, R., Moore, S., De Maio, J., Deblaquiere, J., & Horsfall, B. (2014). Independent Children’s Lawyers Study: Final report (2nd ed.). Canberra: Attorney-General’s Department.

Direct cross-examination in family law matters involving family violence.

• Carson, R., Qu, L., De Maio, J., & Roopani, D. (2018). Direct cross‑examination in family law matters: Incidence and context of direct cross‑examination involving self-represented litigants. Melbourne: Australian Institute of Family Studies.