FamilyViolenceReport-Attorney-GeneralsDepartment.doc

FAMILY LAW COUNCIL Improving responses to family violence in the family law system: An advice on the intersection of family violence and family law issues December 2009 Table of Contents Executive summary and recommendations 7 1 Introduction 18 1.1 Why is the issue of family violence important? 19 1.2 Context of this advice 20 2 Impacts of family violence on children and parenting 22 3 Definitions of family violence 23 3.1 Medical 23 3.2 Social science 23 3.3 Legal 24 3.3.1 Impacts on the Family Law Act 1975 of an amended definition of family violence 26 4 Family violence and specific issues 27 4.1 Mental health 27 4.2 Alcohol and substance abuse 27 4.3 Indigenous issues 28 4.4 Diverse cultures 28 4.5 Criminal law 28 5 Role of the Commonwealth Government 30 5.1 The importance of family violence in the 2006 family law reforms 30 5.2 Federal family courts case law 32 5.2.1 Relevance of family violence and its treatment by the court 32 5.2.2 Relevant legal principles 32 5.2.3 Role models and capacity to parent 33 5.2.4 Dangers posed by violence for children 34 5.3 What impact does family violence and allegations of violence have on family law cases? 34 5.4 Implications of legislative framework and case law 35 6 The need for a common understanding that is evidence based 36 6.1 Common knowledge base 36 6.2 Role of the Australian Institute of Family Studies under the Family Law Act 37 6.3 Reference group for common knowledge base 37 6.4 Expert panel to inform common knowledge base 38 6.5 Role of the Domestic and Family Violence Clearinghouse 38 6.6 Database to support use of common knowledge base 38 6.7 Good practice models 39 6.8 Training and professional development 40 6.9 Examples of information and tools on the national database 40 6.9.1 Opinions about family violence and definitions 40 6.9.2 Impacts of family violence on children and parenting 41 6.9.3 Family violence and Indigenous families 41 6.9.4 Diverse cultural issues 42 6.9.5 Screening and assessment 42 Fam