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Intersection of family law and family and domestic violence Karen Wilcox

By: Wilcox, Karen.
Material type: materialTypeLabelArticleSeries: ADFVC thematic review.Publisher: Sydney, NSW : Australian Domestic and Family Violence Clearinghouse. 2012Edition: Reissue.Description: electronic document (10 pages) ; PDF file.Subject(s): FAMILY VIOLENCE | CHILD ADVOCACY | CARE AND PROTECTION | CHILDREN | CONTACT | DOMESTIC VIOLENCE | EVIDENCE | FAMILY COURT | FAMILY LAW | INTIMATE PARTNER VIOLENCE | JUSTICE | SEPARATION | AUSTRALIAOnline resources: Click here to access online | Link to archive record ADFVC thematic review, August 2012, no. 2 (Reissue)Summary: Several key conclusions emerge from this review of Australian studies on family law and family violence. The studies show that children who have experienced domestic violence remain exposed to contact with the perpetrator of violence after separation. Therefore, there is concerning potential for ongoing exposure to fear, trauma and harm for a growing number of children and their protective parent (upon whom their wellbeing is intertwined). This not only undermines safety but also reduces the capacity for women and children to recover and heal from abuse; yet such recovery is vital if children are to thrive and develop emotional, social and cognitive health (Australian Childhood Foundation 2011). The research indicates that protective measures within the 2006 Act have not appeared to be effective in protecting or providing safety and recovery pathways for victims of family violence, in part because of their overriding ‘success’ in entrenching a pro-contact imperative into parenting outcomes. Decision making in the courts has substantiated concerns raised in these studies. (From the conclusion). An extended review of the practice implications of this paper is found in the companion ADFVC paper, Family law and family violence: research to practice (#3739). This copy was archived by the State Library of NSW. Record #6158
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ADFVC thematic review, August 2012, no. 2 (Reissue)

This thematic review was originally published in January 2012. The original paper has also been archived - follow the "link to archived record".

Several key conclusions emerge from this review of Australian studies on family law and family violence. The studies show that children who have experienced domestic violence remain exposed to contact with the perpetrator of violence after separation. Therefore, there is concerning potential for ongoing exposure to fear, trauma and harm for a growing number of children and their protective parent (upon whom their wellbeing is intertwined). This not only undermines safety but also reduces the capacity for women and children to recover and heal from abuse; yet such recovery is vital if children are to thrive and develop
emotional, social and cognitive health (Australian
Childhood Foundation 2011).

The research indicates that protective measures within the 2006 Act have not appeared to be effective in protecting or providing safety and recovery pathways for victims of family violence, in part because of their overriding ‘success’ in entrenching a pro-contact imperative into parenting outcomes. Decision making in the courts has substantiated concerns raised in these studies. (From the conclusion).

An extended review of the practice implications of this paper is found in the companion ADFVC paper, Family law and family violence: research to practice (#3739).

This copy was archived by the State Library of NSW. Record #6158