Family Violence Reforms

Champion Legal applauds the government’s agenda to changes to Family Law to protect ‘children and put their safety front and centre in family law matters’.   These changes are reflected in the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011, (Family Violence Act) and will come into effect on 7 June 2012.  Their purpose is to improve the family law system by allowing the Courts to do more to protect children who are exposed to family violence, whether that be physical or emotional.

The reforms: 

• prioritise the safety of children in parenting matters
• widen the definition of ‘family violence’ and ‘abuse’
• target what a Court can consider in relation to family violence orders
• strengthen advisor obligations to prioritise the safety of children
• ensure the Courts have better access to evidence

The reforms will come into effect on 7 June and will in some aspects apply to pending matters before the Courts.

The government has prepared a fact sheet and FAQ document which outlines the changes in plain English.  These can be found at:  http://www.ag.gov.au/Families/Currentissuesinthefamilylawsystem/Pages/Family-Violence-Act.aspx

“Violence against children is not acceptable in any form.  These changes will make it easier for parents in family disputes to report family violence to the Courts and for the Courts to act more promptly on matters in order to protect the child.  In my experience I have seen cases where people have been reluctant to report family violence or were unaware the conduct they were subjected to was a form of family violence and exposed their children to abuse”,  says Susana Staka, partner and Accredited Family Law Specialist.