This week, The Family Law Co. team attended important training about Identifying and Responding to Family Violence and other Family Safety Risks in family law matters. This training was part 3 of a 6-part series put on by Smokeball – Legal Software, FamilyProperty, and the Safe & Together Institute.
This webinar went through the FCFCOA’s case management pathways and processes for family violence cases and how they impact us, as solicitors, in our everyday legal practice. In our practice as family lawyers, it is so important to be up to date with the Court’s approach to cases involving family violence, given the prevalence of family violence in family law litigation. Below, I summarise my 5 key takeaways from this morning’s seminar:
1. A staggering 90% of cases filed before the Federal Circuit and Family Court of Australia involve one risk factor including family violence, risk of child abuse, sexual abuse, substance abuse or risk of abduction. 66% of cases filed involve four or more risk factors.
2. The Evatt List is a specialist court list within the FCFCOA with a highly qualified team of Judges, Judicial Registrars, Court Child Experts, and other court staff assigned to support high risk cases which have serious and significant risk factors. For a matter to be considered for the Evatt list, the parties must complete the Family DOORS Screening questionnaire, which is sent to them via email. As practitioners, we should be explaining the Evatt List to our clients and encouraging them to complete the questionnaire.
3. Under The Family Law Act, the Court has a mandatory obligation to report certain information to child welfare authorities, including allegations contained in the parties’ Notices of Risk of child abuse or a risk of child abuse, and allegations of Family Violence or a risk of family violence that amount to abuse of a child.
4. The Notice of Child Abuse, Family Violence or Risk is a way to ensure that families and their children receive appropriate and targeting early intervention and assistance. It is a standalone document, and failure to accurately complete the document will mean the Court, and therefore the Child Welfare authorities, will not be properly informed of the allegations of risk in a matter.
5. The Family Advocacy and Support Service (FASS) is a unit within Legal Aid that provides trauma informed services to parties impacted by domestic violence, or accused of family violence, during each stage of the family law matter – including before proceedings are even commenced as well as after Final Orders have been made. In addition to support for those involved in family law matters, FASS offers information and support in relation to ADVOs, Child Welfare involvement / care and protection matters, and victim support.
To speak to one of our Family Law Solicitors to find out if Mediation or Collaborative Practice is right for you and your situation, contact the team here.
