Systematic Flaw in Australian Family Law

The National Council for Children Post Separation and the National Child Protection Alliance has commented that family lawyers and family law judges need to receive special training in child psychology so they can better protect children from abusive parents.

Both groups have cheered the latest reforms to the family law act which broadens the definition of ‘family violence’ and ‘abuse’ as a step in the right direction. But the lobby groups still criticise that the system currently does not do enough to the put the child’s safety as a priority in decisions. The primary focus of Australian family law remains the resolving of family disputes between private citizens. University of South Australia senior lecturer Elspeth McInnes says that this focus needs to be shifted to the protection of the child.

She goes on to criticise that family lawyers are not trained to deal with child abuse. Further to this, judges, while experts in law are inexperienced when it comes to the effect violence and abuse has on the psychology of the child.

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