NCJ Number
240233
Date Published
2012
Length
28 pages
Annotation
These Best Practice Principles are intended to provide practical guidance to Australian courts, legal practitioners, service providers, and litigants in cases that involve issues related to family violence or child abuse.
Abstract
These Best Practice Principles have been developed by the Family Court of Australia and the Federal Magistrates Court of Australia. This report first defines "family violence" as the term is used in Australia's Family Law Act (FLA). The definition of family violence in the FLA is expressed in gender-neutral terms. It encompasses abusive acts committed by men and women in heterosexual and same-sex relationships. The Best Practice Principles contain a checklist of legislative requirements to follow in all parenting cases in which issues of family violence or child abuse are involved. This statement of principles addresses the interim hearing stage, which is a critical time for families in such cases; it often occurs against a background of urgency. Also addressed are primary perpetrator indicators regarding who is the primary aggressor. Other issues considered in these best principles are the framing of interim orders; the final hearing; and matters to consider when there are findings of family violence, abuse, or an unacceptable risk of family violence. Other issues considered are consent orders, and time standards for court events. A subject index if provided.