Family violence changes to put children’s safety first

By Libby on May 10, 2012 in Blog

Changes to the Family Law Act 1975, making it easier to prioritise the safety of women and children after separation, will be in place from 7 June 2012.

The changes come after a long consultation process and extensive lobbying by domestic violence services. They also take into account evidence provided by a range of research reports, including the recent reports by the Australian Law Reform Commission.

Women’s Legal Service Victoria has produced an excellent Guide to the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011. See the guide below, published with WLSV permission. You can also download the guide here.

Women’s Legal Service Victoria: Guide to the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011

The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (the Act) was passed by the Senate on 24 November 2011 and received Royal Assent on 7 December 2011.

The Act is a response to a number of reports evaluating the 2006 amendments to the Family Law Act 1975 (Cth) [1]. The reports considered in detail the intersection of family violence and family law and highlighted a range of problems with existing legislation and procedure in the family law system that place children at risk of family violence and sexual abuse.

The Act aims to improve the framework of decision-making to give priority to a child’s safety in determining what is in the best interests of the child and to make it easier for allegations of family violence and sexual abuse to be brought before the court.

When will these changes apply?

The changes will come into effect on 7 June 2012.

What are the key changes introduced by the Act?

The key changes to the Family Law Act are to:

Broaden the definition of ‘family violence’ and ‘abuse’.
Direct courts to give greater weight to a child’s safety as a primary consideration in determining what is in the child’s best interests.
Remove the ‘friendly parent’ provision as an additional consideration.
Amend existing adviser obligations and impose new obligations when providing advice on parenting agreements, to encourage parents to prioritise a child’s safety.
Require parties to notify the court of allegations of family violence or abuse of a child as well as require parties to disclose any involvement of child welfare agencies.
Direct courts, when considering applications for parenting orders, to inquire about past or future risk or previous experience of abuse or family violence.
Provide immunity to state and territory child protection authorities to make it easier to participate in family law proceedings where appropriate.
Give effect to the Convention on the Rights of the Child (the CRC) as an object of Part VII.

Below is a table which sets out the key changes in the Act including the relevant new or amended section in the Family Law Act and a short explanation of the substance of the amendments.