The Family Court’s Best Practice Principles were first developed as part of the Family Court’s Family Violence Strategy in March 2009. Those principles have since been revised and were launched by the Commonwealth Attorney-General on 19 July 2011.
The Family Violence Best Practice Principles were originally developed to provide judicial officers hearing parenting disputes in the Family Court, with practical guidance in dealing with matters where family violence was alleged. They subsequently became helpful not only to judicial officers but also for members of the legal profession and litigants representing themselves. A significant change in the revised set of principles has been the inclusion of the processes used in the Federal Magistrates Court of Australia.
The revised Best Practice Principles have been developed by the Family Court of Australia and the Federal Magistrates Court of Australia. They contribute to furthering the Courts’ commitment to protecting children and any person who has a parenting order, from harm resulting from family violence and abuse.
The Best Practice Principles recognise:
The Best Practice Principles are applicable in all cases involving family violence or child abuse or the risk of family violence or child abuse in proceedings before courts exercising jurisdiction under the Family Law Act. They provide useful background information for decision makers, legal practitioners and individuals involved in these cases.