She Gave as Good as She Got? Family Violence, Interim Custody/Residence and the Family Court
AbstractExperience has shown that family violence directed at one's partner, is rarely regarded by the Court as a disqualifying factor to argue against a perpetrator equating himself and the family home as "stability", nor as "convincing proof" that the child's "physical or mental health or moral welfare would be really endangered" remaining with the perpetrator, unless one can prove to the Court the child has, for example, been physically or severely emotionally abused by the perpetrator. It is thus the writer's view that a "stability facade" is created. Once interim custody/ residence is lost, if trial dates are not expedited the chance of the children being returned to the care of their mother, who often is their primary caregiver, is remote. This article explores the impact of family violence in the Family Court and, to a limited extent, overseas, its impact on interim custody/residence decision making, the stability facade and the possibility of reform.
Total Abstract Views: 851 Total PDF Downloads: 871
Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Articles in this journal are published under the Creative Commons Attribution Licence (CC-BY). This is to achieve more legal certainty about what readers can do with published articles, and thus a wider dissemination and archiving, which in turn makes publishing with this journal more valuable for authors.