Family violence: Key findings from the evaluation of the 2006 family law reforms

In summary, the evaluation found that the family law system has some way to go In achieving effective practice in the area of family violence. The data demonstrate that family violence Is a complex phenomenon, reinforcing the need for strategies based on case-by-case assessments rather than a "one-slze-ñts-all" approach. Family violence Is common among separated families, with the majority of parents in the LSSF W1 2008 indicating that they had experienced physical hurt prior to separation or emotional abuse only before, during or after separation. At the same time, while most parents who reported physical hurt prior to separation also described their post-separation parental relationship as distant or clearly negative (highly conflictual or fearful), a solid minority described their relationships in clearly positive terms (friendly or cooperative). Parents with a shared care-time arrangement were as likely as, If not more likely than, those whose child spent 66-99% of nights with the mother (the most common arrangement) to report a history of family violence or ongoing safety concerns. A history of violence, the presence of ongoing safety concerns and parental relationships described as distant, highly conflictual or fearful were all linked to poorer child wellbelng. Family law system professionals were less confident in the system's ability to protect children from harm than in the system's ability to ensure that children maintained meaningful involvement with each parent after separation, There is a need for ongoing refinement of practices that distinguish families suitable for FDR processes from those that, because of family violence issues, are not suitable for FDR and require other assistance. There is also a need for better avenues of communication and examination of barriers to communication between family relationship sector professionals and legal court sector professionals (ALRC, 2010). In common with the Chisholm (2009), Family Law Council (2009) and Australian Law Reform Commission (2010) reports, the evaluation highlighted some aspects of the 2006 legislative changes that appear to have either not addressed or actually contributed to ongoing concerns about the way In which the family law system deals with family violence. The challenge posed by a history of family violence is clearly complex and multidimensional, with different families being affected In different ways, The evaluation evidence highlights the necessity of professionals across the system being trained to recognise and deal with violence so that the most appropriate process for making parenting arrangements can be applied and the parenting arrangements themselves are In the best interests of children and do not jeopardise their short- or long-term wellbeing.