Under the Family Law Act family violence is being redefined to recognise that it can take the form of physical assaults harassment emotional manipulation financial abuse and threatening behaviour.
The changes elevate the safety of children to the top priority in custody disputes.
The changes expand the definition of family violence beyond it being conduct – actual or threatened – that causes a member of a person’s family to reasonably fear or be apprehensive about their wellbeing or safety.
The new definition includes a long list of matters including behaviour that torments intimidates or harasses a family member. The effect could be caused by repeated derogatory taunts or racial taunts or intentionally causing death or injury to an animal or damaging property.
Family violence will also include unreasonably controlling dominating or deceiving a family member. This could be brought about by denying a family member financial autonomy or preventing a family member from making or keeping connections with family friends or culture.
Family violence would also include threatening to commit suicide with the intention of tormenting or intimidating a family member. Lawyers and those working in the family law system will be required to report wider categories of abuse to child welfare authorities. Neglect and psychological harm through exposure to family violence will join assault sexual assault and sexual exploitation as matters that trigger mandatory reporting.
After divorce judges must now at least consider an “equal time” arrangement for responsibility of children and if that is not practicable then an arrangement in which the children spend ‘substantial and significant’ time with both parents.
These are big changes and very broad definitions of family violence. How many of us could say we’ve never done something to another family member that would fall under this definition?