Family Law Legislation Amendment - Family Law - Lecture Notes, Study notes of Family Law

Download Family Law Legislation Amendment - Family Law - Lecture Notes and more Study notes Family Law in PDF only on Docsity! 1 Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 The Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 received Royal Assent on 7 December 2011 and majority of the amendments to the Family Law Act 1975 (Act) will be in force as of 7 June 2012. Below is an outline of the significant changes to the Act. The amendments have redefined the term abuse in relation to children. Previously abuse was defined as an assault, including sexual assault, or an act that involves a child in sexual activity. The new definition further includes abuse as causing serious psychological harm to a child, including exposing the child to family violence and serious neglect. The amendments have also provided a new definition of family violence as behaviour that is violent, threatening or such that coerces or controls a family member or causes the family member to be fearful. It provides the following examples: • Assault; • Sexual assault or sexually abusive behaviour; • Stalking; • Repeated derogatory taunts; • Intentionally damaging or destroying a family member’s property; • Intentionally causing death or injury to a family member’s animal; • Removing financial autonomy; • Withholding financial support for living expenses when the family member is dependent on them for financial support; • Preventing a family member from making or keeping connections with their family, friends or culture; and/or • Unlawfully depriving a family member of their liberty. Family violence also occurs where a child is exposed to family violence, that is, if they see or hear family violence or experience the effects of family violence. Examples of exposing a child to family violence are, but not limited to: • Overhearing threats of death or personal injury; • Seeing or hearing an assault between family members; • Comforting or helping the family member who has been the victim of the assault; • Cleaning up after an assault, or damage to property has occurred; and/or • Being present when police or ambulance, attend an incident of assault. Part VII now deals with the best interests of the child in Family Court proceedings and an adviser’s obligations in relation to the best interests of the child. The amendments also require the Family Court to place greater weight on the need to protect a child from physical or psychological harm over the benefit to the child of having a meaningful relationship with both parents. The Family Court must also consider any relevant inferences that can be drawn from any existing or previously existing family violence order. In doing so they must take into account: • The nature of the order; • The circumstances that the order was made in; • Evidence admitting in proceedings for the order; • Findings made by the Family Court or in proceedings for the order; and • Any other relevant matters. Docsity.com