Family Violence and Family Law: Where to Now?
4 Family Law Review, 3-24, 2014
22 Pages Posted: 17 Mar 2016
Date Written: March 17, 2016
The Family Law Amendment (Family Violence and other Measures Act) 2011 (Cth) introduced a number of amendments to the Family Law Act 1975 (Cth) relating to the manner in which courts exercising jurisdiction under the Act should deal with cases involving family violence and child abuse. This article examines these reforms, including the context in which they took place. It then argues that while the reforms are significant and will go some way towards improving the family law system’s response to victims of violence and abuse, further reform is required. In particular, it is argued that if the family law system is to respond adequately to the high incidence of violence and abuse within separated families, provisions in the Family Law Act which treat family violence as an exception to the norm must be amended.
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