Improving the experiences of victim-survivors in the family law system

We have made a submission to the Standing Committee on Social Policy and Legal Affairs Inquiry currently underway into how to provide better access for victim-survivors in the family law system to Family Violence Orders (FVO) and the effective enforcement of those orders.

In our role providing legal assistance in some of the most complex family law matters, we see daily opportunities to improve how the law operates to help families separating and to support the best interests of children. We envision a family law system that is safe, accessible, inclusive and that centres the needs of children and victim-survivors of violence.

From working with women, like our client Michelle (name changed to protect privacy) it’s clear that compulsory training for all professionals working in family law and family violence systems needs to be introduced.

In her family law matter, Michelle was required, by the court, to be in the court room for the hearing, rather than from the safe room. This was despite Michelle’s lawyer providing information to the court about their history of family violence.

Michelle was so fearful being in such close proximity to her ex-partner that it made it difficult for her to engage in the hearing and to follow what was happening.  

Michelle says she would have felt empowered and better engaged in the court process if she could have attended all hearings remotely, from her lawyer’s office or other location within the court and if the other party was told about her electronic or other attendance, her location should not be disclosed. 

'My [family violence worker] can only get me prepared so far. It’s like you can’t expect what he’s going to do or how he’s going to act or anything because he’s so [unpredictable] that we’ve got to do a safety plan for every kind of situation and that falls downs to the person who is not the actual perpetrator.' 

Considerations for the inquiry

We acknowledge that family violence is a gendered issue and that victim survivors are at risk of elevated aggression and violent behaviour, including death, at the time of separation. Though recent changes to the Family Law Act will have some benefit, there is more to do to improve the experiences of victim-survivors in the family law system.

Law reform, service design and investment in programs for First Nations communities should occur through principles of co-design and partnership, ensuring self-determination for First nations services and communities.

Along with National Legal Aid, we are calling for investment in Women’s Legal Services and Legal Aid family law and child support legal assistance, to ensure victim-survivors can access legal help to secure their safety and ongoing financial independence.

There are also funding opportunities in the next National Legal Assistance Partnership (NLAP), which should actively seek to improve gender equity in legal assistance over the life of the agreement. Also, funding for the Family Advocacy and Support Services (FASS) program should be ongoing under the next agreement for certainty of service provision. 

We encourage the inquiry to explore:

• whether the FCFCOA should have the power to make, vary or extend state-based FVOs under state-based schemes,
• the introduction of a National framework for risk assessment and information sharing
• the federal government to adopt the Law Council of Australia Proposed Model Definition of Family Violence. 

This inquiry should consider improved pathways to, and expansion of, intensive case management and wrap-around services in each State and Territory. Including the Lighthouse Model, the Evatt list and the specialised Indigenous list.  

Read our submission

Submission to inquiry into family violence orders