Inquiry into family violence orders Submission 36

The risk of an escalation in the aggressive and violent behaviour of the perpetrator and heightened risk to the partner and children during family court proceedings. [...] Whilst the Committee’s Terms of Reference relate specifically to better access in the family law system to family violence orders, we draw the Committee’s attention to the pervasive use of systems abuse by the perpetrator as a form of aggressive and violent behaviour that escalates during family law proceedings. [...] Further, notwithstanding the presence of security or support services available in the courts, the presence of the perpetrator within metres of the victim-survivor can be harrowing for a victim survivor, impacting their mental health and capacity to make informed decisions regarding the proceedings. [...] Having the proceedings in the same location or in connection with any FCFCOA proceedings may cause perpetrators to abuse the system and make complaints against the victim survivor to further their cause in the family law proceedings. [...] In addressing the impact of family violence and in particular financial abuse on the victim survivor, we await the outcome of the Attorney General’s Department’s consultation on the proposed amendments to the provisions of the Family Law Act 1975 (Cth) regarding property settlements.