family law system and WLCWA’s recommendations for change to make the family law system more accessible by those most in need of judicial intervention in our society. Terms and Language Used Consistent with the language in the Family Law Act 1975 (Cth) and Family Court Act 1997 (WA), WLCWA will use the term ‘family violence’ in this submission when referring to ‘violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.’ We note that some people who experience violence prefer the term ‘victim’ and others prefer the term ‘survivor’. In this submission we use the term ‘victim-survivor’ which is intended to be inclusive of both victims and survivors. In the large majority of cases, family violence is gendered, that is, it is perpetrated by men against women. We use gendered language in this submission. We acknowledge women can be perpetrators of violence and men can be victim-survivors. Summary of Recommendations For ease of reference, attached to this Submission and marked “A” is a Summary of the Recommendations referred to in this submission. Challenges of the Current System – General Comments Accessibility and engagement The family law system is complex and confusing. For victim-survivors of family violence, the family law system represents just one of many systems they are required to navigate to try and achieve outcomes for their families. As a private civil remedy, the family law system more so than the family violence system, relies on litigants or their legal representatives to understand and be in a position to comply with complex and detailed court documents, rules, practices and procedures.
A comprehensive understanding of the dynamics of family violence to be able to challenge the parts of the report where the single expert has sought to ignore the fact that victim-survivors of family violence do not always appear as withdrawn and quiet (the stereotyped victim-survivor) and can be angry and the lack of consideration by the single expert that the mother’s account of family violence may be true (and if so that her protective behaviour towards the children are positive actions increasing the safety of the children rather than being used against her in a negative way). It takes junior lawyers years to perfect their knowledge and skills to do this well. Yet the current family law system requires the same conduct from parties when they don’t have legal representation. This is despite the findings of the Australian Institute of Family Studies in the Families with Complex Needs enquiries that over 95% of the matters being determined at trial in the family law courts are parties with two or more complex needs (and who require additional assistance). Recommendation: Any professionals writing reports for the family law courts (including family consultants and single expert witnesses) be required to have undertaken regular accredited family violence training including in the dynamics of family violence, risk assessment and trauma informed practice. More opportunities for cross-sector training of all professionals in the family law system in relation to family violence, social science principles such as risk assessment and trauma informed practice. Establishing a national accreditation and monitoring scheme for family report writers (court consultants and private experts) with mandatory training in family violence, child abuse and trauma informed practice, cultural competency and disability awareness. WLCWA endorses NFVPLS recommendation for employment of Aboriginal and Torres Strait Islander Family Consultants within family law courts and processes and procedures initiated to ensure that all efforts are taken to ensure that, wherever possible, an Aboriginal or Torres Strait Islander Family Consultant is appointed in a case involving an Aboriginal or Torres Strait Islander child(ren). Noting these consultants should also have expertise in family violence and the complex barriers faced by Aboriginal and Torres Strait Islander victim-survivors, particularly women.