Abstract
This essay explores the complexity of responding to family violence in a federal family law system in which these private law matters intersect very directly with public law matters relating to protection of children. The 'different planets' that are reflected in the separate legal frameworks pose some very practical contradictory experiences - being a protective parent, but equally not undermining a child's right to a meaningful relationship with both parents. The Australian Law Reform Commission/NSW Law Reform Commission proposal for all federal family courts to have 'concurrent jurisdiction' with state and territory courts is one such solution. The essay provides a number of improvements to legal frameworks and practice to synchronise efforts in order to achieve the goal of providing a seamless, accessible, fair, and effective response to separating families where there are concerns about family violence.
| Original language | English |
|---|---|
| Title of host publication | Families, policy and the law |
| Subtitle of host publication | selected essays on contemporary issues for Australia |
| Editors | Alan Hayes, Daryl Higgins |
| Place of Publication | Melbourne |
| Publisher | Australian Institute of Family Studies |
| Pages | 207-214 |
| Number of pages | 8 |
| ISBN (Print) | 9781922038487 |
| Publication status | Published - 2014 |
Keywords
- Family law
- Law reform
- Family violence