Attachment Theory and the Family Violence Reforms

The 2006 reforms also introduced Division 12A of Part VII, “to provide legislativesupport for a less adversarial approach to be adopted in all child-related proceedingsunder the Act”. 27 Key provisions provide that:• the court must consider the needs of the child and impact of proceedings uponthem in determining the conduct of the proceedings;• the court is to actively direct, control and manage the proceedings;• the proceedings should be conducted in a way that safeguards the child againstfamily violence, child abuse and neglect, and the parties to the proceedingsagainst family violence;• the proceedings are to be conducted in a way that promotes cooperative and childfocusedparenting by the parties;• judges have the power to decide which issues may be disposed of summarily andwhich require full investigation;• judges have the power to give directions and make orders regarding proceduralsteps, subject to deciding whether a step is justified on the basis of likely benefits,considered against the cost of taking it.Under Division 12A of Part VII, certain provisions of the Evidence Act 1995 (Cth) do notapply in child-related proceedings. 28The principles contained in and features of Division 12A had their genesis in the FamilyCourt of Australia’s children’s cases pilot program, which later became the less27 Ibid para 339.28 Family Law Act 1975 (Cth) s 69ZT.10