Madness in Family Law: Mothers’ Mental Health in the Australian Family Law System

2013 ◽  
Vol 21 (1) ◽  
pp. 78-91 ◽  
Author(s):  
Elspeth McInnes
Keyword(s):  
Mental Health ◽  
Family Law ◽  
Law System ◽  
Australian Family

Mothering – a mode of protecting rather than parenting in the aftermath of post separation family violence in Australia

2020 ◽  
Vol 45 (2) ◽  
pp. 109-116
Author(s):  
Leanne Francia ◽  
Prudence Millear ◽  
Rachael Sharman
Keyword(s):  
Qualitative Study ◽  
Family Violence ◽  
Thematic Analysis ◽  
Lived Experiences ◽  
Family Law ◽  
Law System ◽  
Australian Family ◽  
Shadow Cast ◽  
Violent Relationship ◽  
Dark Shadow

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.

Mental Health and the Family Law System

2004 ◽  
Vol 10 (1) ◽  
pp. 50-70 ◽  
Author(s):  
Bryan Rodgers ◽  
Bruce M. Smyth ◽  
Elly Robinson
Keyword(s):  
Mental Health ◽  
Family Law ◽  
Law System ◽  
The Family

I Wish the Views Were Clearer: Children's Wishes and Views in Australian Family Law

2013 ◽  
Vol 38 (4) ◽  
pp. 184-191 ◽  
Author(s):  
Alan Campbell
Keyword(s):  
Family Law ◽  
Best Interests ◽  
Parental Separation ◽  
Law System ◽  
Meaningful Relationship ◽  
Australian Family ◽  
The Family ◽  
Legislative Changes ◽  
Children’S Views ◽  
Level Of Understanding

In 2006, legislative changes were made to the Australian Family Law Act 1975. These changes included a revision of the matters that must be considered when determining children's best interests following parental separation, at Section 60CC. This section lists two ‘primary considerations’, which relate to the child's having a ‘meaningful relationship’ with both parents and ensuring that children are safe in their interactions with their parents and others in their lives. The first of the ‘Additional considerations’ under Section 60CC concerns ‘any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views’. This consideration differs from that in the pre-2006 Act, which referred to a child's ‘wishes’ rather than her/his ‘views’. There is evidence, however, that those working in the family law system may not yet have made the shift towards understanding what these changes may entail.In this article I explore the differences between the concepts of ‘wishes’ and ‘views’ as they relate to children in family law matters. I argue that these concepts are qualitatively different, and that children's ‘views’ are far more encompassing than their ‘wishes’. Moving to a far broader understanding of children and their ability to understand issues that directly affect their lives may lead to the development of more comprehensive decisions about their futures.

Secondary Victimization: Domestic Violence Survivors Navigating the Family Law System

2016 ◽  
Vol 23 (11) ◽  
pp. 1314-1335 ◽  
Author(s):  
Lesley Laing
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Parental Alienation ◽  
Secondary Victimization ◽  
Law System ◽  
Child Relationship ◽  
Australian Family ◽  
The Family ◽  
Shared Parenting ◽  
Domestic Violence Survivors

This qualitative study explored the experiences of 22 domestic violence survivors attempting to negotiate safe post-separation parenting arrangements through the Australian family law system. Their allegations of violence put them at odds with a system that values mediated settlements and shared parenting. Skeptical responses, accusations of parental alienation, and pressure to agree to unsafe arrangements exacerbated the effects of post-separation violence. Core themes in the women’s narratives of engagement with the family law system—silencing, control, and undermining the mother–child relationship—mirrored domestic violence dynamics, suggesting the concept of secondary victimization as a useful lens for understanding their experiences.

Child-Responsive Practices in Australian Family Law: Past Problems and Future Directions⋆

2004 ◽  
Vol 10 (1) ◽  
pp. 71-86 ◽  
Author(s):  
Lawrie Moloney ◽  
Jennifer McIntosh
Keyword(s):  
Family Law ◽  
Future Directions ◽  
Australian Family

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

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