Family Violence in the Family Court

How does the Family Law System deal with Violence?

The Norton Law Group’s team of specialist family lawyers in North Sydney, Sydney CBD and Leichhardt are experienced at navigating the complex role family violence plays in the Court system.

The Federal Circuit and Family Court of Australia provides that the significant proportion (80%) of family law proceedings involve allegations of family violence. The family law system has a central role in identifying and responding appropriately to allegations of family violence.

The Family Law Act 1975 (Cth) introduced a legislative definition of family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member) or causes the family member to be fearful.”

The Family Law Act 1975 (Cth) provides examples of behaviours constituting family violence including (but not limited to):

• An assault; or
• A sexual assault or other sexually abusive behaviour; or
• Stalking; or
• Repeated derogatory taunts; or
• Intentionally damaging or destroying property; or
• Intentionally causing death or injury to an animal; or
• Unreasonably denying the family member the financial autonomy that he or she would have otherwise had; or
• Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
• Preventing the family member from making or keeping connections with his or her family, friends or culture; or
• Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

It is important to note that the above list is not considered exhaustive, and it is not inevitable that other behaviours meeting one of those descriptions is going to be considered family violence.

The Federal Circuit and Family Court of Australia is guided by the following principles in responding to allegations of family violence:

• Safety is a right and priority for everyone.
• Family violence affects everyone in a family.
• Family violence can occur before, during, and after separation. It has the potential to affect an individual’s ability to make choices about their family law matter, including to initiate legal proceedings, participate in court events and/or achieve settlement of their dispute through negotiation.
• Family violence has immediate and longer-term impacts on children.

Court Appearances

The Courts are obligated to take prompt action in relation to allegations of child abuse or family violence in parenting matters, by prioritising the safety of children and vulnerable parties. The Courts ensure families receive appropriate targeted early intervention and assistance in patenting matters by collecting information through a Notice of Child Abuse, Family Violence and Risk.

In addition to this, the Courts are guided by principles to ensure safety for all court events. The Courts provide assistance to parties with fears for their safety through a number of measures including staggered arrival times, separate entry and exit points, security guards and safe rooms. If you have fears about attending a court appointment or hearing, you may request to attend electronically.