Family Violence and Family Law in Australia: The experiences and views of children and adults from families who separated post 1995 and post 2006

[Extract]This research project was commissioned by the Commonwealth Attorney‐General’s Department, Canberra, and sought to discover the impact of family violence during and after (parental) relationship breakdown, from the perspective of children and parents, and the impact of the amendments to the Australian Family Law Act 1975 implemented by the Family Law Amendment (Shared Parental Responsibility Act) 2006. Specifically our brief was to discover parents and children’s perspectives on: 1. the effect that a history of or existence of violence within the relationship has on the decisions that people make about accessing the courts and dispute resolution services 2. the effect that a history of or the existence of violence within a relationship has on the decisions people make while they are at courts and at dispute resolution services 3. the effect that a history of or the existence of violence within a relationship has on post-separation parenting arrangements. To inform the research process, the researchers first of all conducted a review of the literature. Research Background: This research project was commissioned by the Commonwealth Government Attorney-General’s Department in relation to the operation of the family law jurisdiction. Research Contribution: The research aimed to discover parents' and children’s perspectives on: 1. the effect that a history/the existence of violence within the relationship has on decisions that people make about accessing the courts and dispute resolution services; 2. the effect that a history/the existence of violence within a relationship has on decisions people make while they are at courts and dispute resolution services; 3. the effect that a history/the existence of violence within a relationship has on past-separation parenting arrangements. Research Significance: The research sought to discover the impact of family violence during and after (parental) relationship breakdown, from the perspective of children and parents, and the impact of the amendments to the Australian Family Law Act 1975 implemented by the Family Law Amendment (Shared Parental Responsibility) Act 2006.