Proving Family Violence in Family Law
Tracks
Room 1: In-Person and Online
Tuesday, November 26, 2024 |
1:35 PM - 2:05 PM |
Room 1 |
Overview
Monica Blizzard, KHQ Lawyers
Speaker
Ms Monica Blizzard
Director/partner/accredited Family Law Specialist
Khq Lawyers
Proving Family Violence in Family Law
Abstract
Currently it is estimated that allegations of family violence are made in approximately 70% of family law cases before the Federal Circuit and Family Court of Australia.
From 6 May 2024, the parenting regime in family law separation cases has change significantly. These changes follow the recommendations made by the Australian Law Reform Commission in 2019, in a bid to make the system simpler to navigate and safer for victims of domestic and family violence. Key amendments include the repeal of a presumption of equal shared responsibility, and the requirement to consider whether it is in a child’s best interest to spend time with both parents equally. Under the new legislation, parenting decisions will be based solely on what is in the best interests of the child. Whilst previously there were 16 best interest factors to consider, these have been reduced to only 6, with a focus on promoting safety.
One of the challenges faced by family lawyers is how to prove family violence in either parenting or property proceedings.
In this session, we will:
• address the relevance of family violence to parenting or property settlement proceedings
• summarise the key legislative reforms involving the relevance of family violence in family law proceedings, and
• discuss the specific aspects of family violence and how this can be addressed in court and be done in a trauma informed way.
Key Learnings:
1. Provide a summary of key changes to family law legislation in parenting cases.
2. Address the relevance of family violence in parenting and property proceedings.
3. Discuss the types of evidence that can be used in the context of family
violence in a trauma informed way.
From 6 May 2024, the parenting regime in family law separation cases has change significantly. These changes follow the recommendations made by the Australian Law Reform Commission in 2019, in a bid to make the system simpler to navigate and safer for victims of domestic and family violence. Key amendments include the repeal of a presumption of equal shared responsibility, and the requirement to consider whether it is in a child’s best interest to spend time with both parents equally. Under the new legislation, parenting decisions will be based solely on what is in the best interests of the child. Whilst previously there were 16 best interest factors to consider, these have been reduced to only 6, with a focus on promoting safety.
One of the challenges faced by family lawyers is how to prove family violence in either parenting or property proceedings.
In this session, we will:
• address the relevance of family violence to parenting or property settlement proceedings
• summarise the key legislative reforms involving the relevance of family violence in family law proceedings, and
• discuss the specific aspects of family violence and how this can be addressed in court and be done in a trauma informed way.
Key Learnings:
1. Provide a summary of key changes to family law legislation in parenting cases.
2. Address the relevance of family violence in parenting and property proceedings.
3. Discuss the types of evidence that can be used in the context of family
violence in a trauma informed way.
Biography
Monica Blizzard is a Director of KHQ Lawyers, a commercial legal firm based in Melbourne, assisting client's throughout Australia. Monica is an Accredited Family Law Specialist with the Law Institute of Victoria, a trained mediator and collaborative lawyer, and has more than 25 years experience working in family law, assisting client's through the journey of separation and divorce. Monica has significant experience in assisting separated parties navigate separation and divorce in the context of family violence.