Description

In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence).  They cover a wide range of topics, including the following:

• The difference between how a Family Law Court and a Criminal Court view domestic violence.
• Apprended Violence Orders (AVOs)
• Does there need to be an AVO in place before the Family Court considers domestic violence claims?
• What evidence does the Family Court need to satisfy itself that domestic violence is an issue?
• Will the court require Family Dispute Resolution (mediation) in domestic violence cases?
• How do accusations of domestic violence affect Parenting Order decisions?
• Can domestic violence claims impact a Court's decision about a financial settlement?

Also discussed was the Family Law Amendment Bill that has been passed through Parliament and will take effect in May 2024 and includes a "streamlined" parenting framework simplifying the "best interests factors".  This legislation may impact how the Court deals with domestic violence issues when deciding children's matters.