Blog
Category: Family Violence
The effect of family violence orders on parenting orders
With parenting disputes that end up in Court, the Court will take into consideration any family violence orders to ensure it makes safe, reasonable, and effective parenting orders. In this article, we explore family law matters where family violence orders intersect with parenting orders.
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The effect of family violence orders on property settlement
In most cases, the marital conduct of either party is not considered to be relevant to the division of property after separation. In some instances, however, family violence can impact the outcome of a property settlement.
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Major changes to the Family Law Act from October 2023
On 19 October 2023, amendments to the Family Law Act 1975 passed through the Federal Parliament with ease. The Federal Government believes that these changes will ensure that the family law system is “accessible, safer, simpler to use, and delivers justice and fairness”.
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Coercive control in family law matters
In family law proceedings, coercive control is dealt with as a form of family violence. It can also be addressed in the criminal law system through family violence restraining orders and/or criminal charges.
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Ban on personal cross examination in family law court proceedings
Personal cross-examination of other parties is not permitted in certain circumstances in family law proceedings where allegations of family violence have been raised. Where the ban applies, any cross-examination must be undertaken by a lawyer.
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Family law matters involving drugs, alcohol or family violence
Exposing a child to a parent (or third party) who is under the influence of drugs or alcohol, in possession of drugs, or engaging in family violence is unthinkable to most parents. A common conundrum that separated parents face is how to protect their child from harm whilst also supporting the child’s relationship with the other parent.
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What is a Case Assessment Conference in family law matters (Western Australia)?
Case Assessment Conferences during family law proceedings in the Family Court of Western Australia are only held in respect of child-related proceedings. The purpose is for risk assessment.
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Domestic violence – a pandemic of its own
Whilst COVID-19 was attracting all the headlines at present, the underlying alternative pandemic of increasing domestic violence is a subtitle tWhilst COVID-19 was attracting all the headlines not so long ago, the underlying alternative pandemic of increasing domestic violence is a subtitle that we are also reading.hat we are also reading.
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