After significant changes were made to the Family Law Act in 2006, the Family Court of Australia developed the Best Practice Principles to assist decision makers. It was later recognised that the Best Practice Principles could be a valuable tool for all individuals and agencies involved in cases in which allegations of family violence, or risk of family violence, are raised. The notion that the Best Practice Principles could assist a wider audience was informed by a series of reports in which recommendations were made about how courts exercising jurisdiction under the Family Law Act, and others, should address issues of family violence and abuse.

The Family Violence Best Practice Principles has been developed by the Family Court of Australia and the Federal Circuit Court of Australia and contributes to furthering the courts’ commitment to protecting litigants and children from harm resulting from family violence and abuse.

The Family Violence Best Practice Principles has been developed by the Family Court of Australia and the Federal Circuit Court of Australia and contributes to furthering the courts’ commitment to protecting litigants and children from harm resulting from family violence and abuse.

The Best Practice Principles recognise:

  • the harmful effects of family violence and abuse on victims
  • the prominence given to the issue of family violence in the Family Law Act, and
  • the principles guiding the case management system for the disposition of cases involving allegations of abuse of children.

The Best Practice Principles apply in all cases involving family violence or child abuse (or the risk of either) in proceedings before courts exercising jurisdiction under the Family Law Act, and provide useful background information for decision makers, legal practitioners and individuals involved in these cases.

While primarily focused on adjudication rather than administration, the principles have informed the administrative strategies of the courts and underpin the courts’ Family Violence Plan.

While primarily focused on adjudication rather than administration, the principles have informed the administrative strategies of the courts and underpin the courts’ Family Violence Plan.

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