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Why men feel aggrieved in family court interventions

A legal process to restrain family violence needs to work faster and more fairly.

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Intervention orders do more than just restrain violence. Often they separate a man from his children, evict him from his home and deprive him of his property.

Intervention orders do more than just restrain violence. Often they separate a man from his children, evict him from his home and deprive him of his property. Photo: Craig Sillitoe

My client Tom* was at work when the police turned up. They…

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Category: Courts

Family violence offenders Victoria breaching intervention orders an…

Family violence offenders breaching intervention orders let off with fines: Sentencing Advisory Council

December 2, 2015 11:55pm
Elissa Doherty, Anthony Galloway - Herald Sun


Domestic Violence Victoria CEO Fiona McCormack says the issue is not being taken seriously enough.

MORE than one in three offenders who breach a family violence intervention order by menacing a victim…

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Category: Courts

Shared Parenting - The best outcome for children - Family First policy

Senator Steve Fielding is a member who needs to be re-elected.

The Family Court is not a good place for Australia's children. In almost 98 per cent of cases, a child will effectively lose one of their parents after a Family Court decision, creating a stolen generation of children. Old pre 2006 statistics showed only two and a half per cent of Family Court orders allow children to have equal time with both parents, after a relationship breakdown. Read The Family First Media release to gain a better insight into Family First policy.

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Category: Press Releases

De Facto property laws pass parliament

The Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012 has been passed by the Parliament on the 22nd March. The Act also retrospectively validates certain orders of the Family Court made on appeal from Family Law Magistrates in Western Australia between 1 July 2006 and 21 October 2011. This will address any concerns about the validity of those orders stemming from a similar Proclamation not having been made until October 2011.

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Category: Press Releases

Domestic Violence support group told to help men or shut down

A women's domestic violence service will hand back $720,000 in state funding after being forced to assist men. The group was negotiating with the Department of Corrective Services (DoCS) but talks broke down last month and the program is being temporarily run by police until another group willing to comply with the orders is found. To tack a men's service on to an existing service developed for women would be unfair to men and do more harm than good they said.

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Category: General

Family Law Amendment  (Validation of certain parenting orders and o…

In March, the High Court handed down its decision in a case called MRR v GR, holding that court orders for shared time must be in the best interests of the child and reasonably practicable. The court held that restricting a mother to a certain location which denied her employment opportunities and caused her distress was neither in the best interests of the child nor reasonably practicable. The few court decisions that confined women to remote communities were a misinterpretation of the provisions, creating misleading perceptions in the community, and resulted in genuine distress and hardship for a small number of parents. Those people with contested parenting orders will be able to commence fresh family law proceedings where the court did not consider the reasonable practicality of the order, without having to demonstrate a material change in the circumstances.

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Category: Courts

Forthcoming fee changes in family law matters

News via CCH, 17 October 2007

Fee changes in family law matters
 
From 15 October 2007, there will be some filing fee changes to applications filed in the Federal Magistrates Court of Australia (FMC) and the Family Court of Australia (FCA). The fee changes have occurred in an effort to align the fees between the two courts.

The changed fees are:

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Category: Courts

THE Family Court missed all of its performance targets

The court finalised just 31 per cent of applications for final orders within six months, according to its annual report released yesterday. The figure was well below its aim of having 75 per cent of applications resolved within that time frame - although the report said this measure was not accurate because of changes in case management. However, other key performance indicators were also missed. The number of applications for interim orders dropped 38 per cent from about 7930 to 4950

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Category: Courts

New practice note for AVOs in the local Court (NSW)

A Mens Domestic Violence Court Advocacy Service has commenced meetings in Sydney to discuss practical ways of dealing with AVO and ADVO proceedings. The service was started by a well known, high profile Barrister Mr Mario Licha, who is an experienced criminal law barrister. The service is for AVO advice for men who are confronted by AVO and other Intervention orders. It will enable men who are confronted for the first time with these sorts of orders to get a much better understanding of what they can do.

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Category: Courts

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