The Hon Deputy Chief Justice Robert McClelland AO and Ms Hayley Foster, Director - Family Violence and Access, Equity and Inclusion from the Federal Circuit and Family Court of Australia (Division 1) and (Division 2) (the Courts), today joined Mr David Mandel of the Safe & Together Institute to address the Ending Coercive Control & Family Violence conference, held in Sydney.
In the joint presentation titled, Nothing more relevant: Judicial decision-making & coercive control in the family courts, the speakers shared their insights on how coercive control and its impacts on families and children are being considered in the family law system.
Deputy Chief Justice McClelland said that it is well accepted that family violence-including coercive and controlling behaviour-can profoundly affect a victim's capacity to parent, to contribute to the household and property, and can greatly impact the victim (and their children's) future.
"While, through their training, judges are increasingly well informed about these matters, ultimately the findings they make are dependent upon the evidence that is provided, which is why family law professionals have an obligation to use their skills to ensure that the lived experiences of victims are accurately presented to the Court.
"Proving family violence is complex. To achieve justice for victims it requires a rigorous and strategic approach to gathering and presenting proof, including the use of corroborative materials and, where available, expert testimony," the Deputy Chief Justice added.
Ms Hayley Foster said it was crucial for domestic and family violence-informed practice to hold perpetrators accountable as parents whilst supporting protective parents' efforts to keep children safe.
"It was a such privilege to be given the opportunity to share some of the work we've been doing within the family courts to strengthen our responses to family violence, and to deepen our understanding of the patterns and impacts of coercive control on both adult and child victim-survivors.
"It was equally valuable to have the opportunity to listen and learn from practice and thought leaders in the family violence space and those with lived experience, and to engage in critical conversations about how we can collaborate across the broader system to better prevent and respond to family violence, including elevating the voices and needs of adult and child victim-survivors and guarding against systems being used to perpetuate further harm," Ms Foster added.
Since 2021, the Courts have provided the internationally renowned domestic and family violence training, known as Safe & Together, to all judicial officers, registrars, court child experts (CCEs), triage counsellors and IFLOs. The FCFCOA remains the only court internationally to undertake this training on a whole-of-system basis.
Mr Mandel, the Executive Director of the Safe and Together Institute, was able to provide his views on his work with the Australian family law courts and other courts internationally, highlighting how the Safe & Together model is shaping judicial practice and decisions.
