scholarly journals Family Law Court orders for supervised contact in custodial disputes – unanswered questions

2019 ◽  
Vol 44 (4) ◽  
pp. 194-201
Author(s):  
Emily Schindeler

AbstractThe focus of this study was on the application of orders for supervised access made by the Australian Family Law Court in cases that involved conflicting claims by custodial and noncustodial parents. Based on accessible Court transcripts for the 28-month period ending in early 2019, 103 cases involving 172 children were identified in which orders required supervision for visitation and/or changeovers. The patterns found through thematic analysis suggest that there is a shift to increasing use of final orders involving supervision through child contact centers as either an indeterminate or permanent arrangement. This shift has significant implications for current models of supervised access/changeover, and a greater understanding in terms of the outcomes being achieved is required.


2020 ◽  
Vol 45 (2) ◽  
pp. 109-116
Author(s):  
Leanne Francia ◽  
Prudence Millear ◽  
Rachael Sharman

AbstractThe focus of this qualitative study was on separated mother’s (N = 36) lived experiences of mothering in the context of post separation family violence and the Australian family law system. Thematic analysis of interviews was guided by a theoretical framework, this being the Three Planets Model. Analysis of the data resulted in two themes relating to mothering being identified. Firstly, that women demonstrated a mode of protecting rather than parenting indicating that mothering was often undertaken in isolation and fear, within an adversarial family law system, and in the presence of a perpetrator of family violence. The second theme related to the aftermath of separation and the long dark shadow cast by family violence. After having left a controlling and violent relationship, separated mothers reported that there was no opportunity to recover, nor to healthily extricate themselves from family violence, which resulted in cumulative harm not only for their wellbeing but also for their children.



2004 ◽  
Vol 10 (1) ◽  
pp. 71-86 ◽  
Author(s):  
Lawrie Moloney ◽  
Jennifer McIntosh






2018 ◽  
Vol 46 (3) ◽  
pp. 367-396 ◽  
Author(s):  
Belinda Fehlberg ◽  
Lisa Sarmas ◽  
Jenny Morgan

In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.





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