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.