Why Family Court Judges Will Be Trained To Understand Family Violence Dynamics Better

As domestic violence continues at epidemic levels across Australia, specific training for the judiciary will help both the Family Court and Federal Circuit Court of Australia better address the issue.

The training, in one part, is a result of the ‘The 2017 Australian Parliamentary Inquiry’ into the Family Law system. The final report recommended calls for more training in this particular area for the Judiciary.

Domestic violence on the rise 

In recent times, in New South Wales, two tragic cases, have also spoken to the need for urgent reforms to better protect children who are living in violent homes or where there are domestic disputes between parents.

The Coroner’s Report after the deaths of teenagers Jack and Jennifer Edwards who were killed by their father in 2018, found that ‘systemic failures’ by the New South Wales Police, the Firearms Registry, and the Family Court contributed to the two teenagers' deaths. The Coroner’s Report also suggested these were entirely ‘preventable.’

In April earlier this year, Henry Shepherdson jumped off Whispering Wall in South Australia, with his 9-month-old daughter strapped to his chest in a baby carrier. Investigations into the murder-suicide are ongoing, but questions remain. Mr. Shepherdson had been banned from going within 200m of his family. He had also been banned from contacting them or posting about them online. At the same time, he had visitation rights to his daughter. 

The decisions made by Family Court judges can severely impact lives, and these are not decisions they take lightly. But the issue of domestic and family violence is incredibly complicated since it’s influenced by a number of factors. Furthermore, no two cases are ever the same, no matter how similar the circumstances may appear on the surface. 

The Safe & Together Model training rollout 

Both the Family Court and Federal Circuit Court will engage the Safe & Together Institute from the USA to train judges who’ll preside over family law cases. This is excellent news for victims seeking justice and for people who have been falsely accused. 

While the stories of those who have been wrongly accused of violence don’t often make the headlines (or the statistical data), they do make up a significant number of cases going through family courts.  

False allegations in divorce, custody, and property settlement proceedings occur when one party tries to turn children against the other parent. These can sometimes include unsubstantiated claims of violence and even child sexual abuse.

These claims can be made vindictively or if one party thinks it may improve their chances of securing a favourable outcome. Needless to say, false accusations can have devastating long-term consequences. 

The Safe & Together Model is highly regarded worldwide because it uses a behavioural approach to find patterns of abuse on how families function.

Ensuring the most robust system of support for victims 

Essentially, it will help court judges to make better-informed assessments of child abuse and domestic violence. This may reduce victim-blaming and increase accountability for parents who are using violence and coercive control. Lastly, it aims to provide justice to those who are seeking it. 

Since the Covid-19 pandemic began in early 2020, those working in the frontline services of domestic violence, not just in Australia, but around the globe, have had serious concerns for victims who are in lockdown with a perpetrator. Experts in the field have also predicted that incidences of domestic violence could rise as a result of the severe financial and emotional pressures put on families during Covid-19, such as job losses, homeschooling, forced closure of businesses, isolation, and the list goes on. 

Recent figures from a survey by Domestic Violence NSW (DVNSW) found more than 70% of service providers had seen increased demand since late June, which is when New South Wales' stay-at-home orders began, and many crisis refuges were stretched to capacity. 

The federal-government-funded hotline 1800RESPECT also found that during each lockdown, calls increased.

Much-needed state and federal government funding of $52 million has been pledged to services to ensure that they have the resources to adapt and/or expand their work to support victim-survivors during the pandemic. 

While helping victims escape abusive environments is absolutely critical, it’s also critical that they get the right legal advice and support from experienced family lawyers, such as Unified Lawyers. Most importantly, it’s critical that the justice system is as equipped as it can possibly be to deal both knowledgeably and fairly with each complex case that comes before them.