Implications for family dispute resolution practice: Response from Relationships Australia (Victoria) to the "Allegations of Family Violence and Child Abuse in Family law Children's Proceedings" report
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January 2008
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Abstract
This article discusses allegations of family violence in cases presenting to family dispute resolution (FDR) services, and the procedural challenges these present. Just like the high prevalence of allegations in court cases - as examined by the research report 'Allegations of family violence and child abuse in child-related disputes in family law proceedings' - FDR services face increasing numbers of violence-affected clients, many of whom will enter the court system. The article discusses service provision; quality assurance; assessing allegations; the use of FDR prior to court; adversarial courts versus the FDR process - 'allegation' versus 'disclosure'; client outcomes; and practitioner neutrality versus advocacy.
This article discusses allegations of family violence in cases presenting to family dispute resolution (FDR) services, and the procedural challenges these present. Just like the high prevalence of allegations in court cases - as examined by the research report 'Allegations of family violence and child abuse in child-related disputes in family law proceedings' - FDR services face increasing numbers of violence-affected clients, many of whom will enter the court system. The article discusses service provision; quality assurance; assessing allegations; the use of FDR prior to court; adversarial courts versus the FDR process - 'allegation' versus 'disclosure'; client outcomes; and practitioner neutrality versus advocacy.