Attachment Theory and the Family Violence Reforms
Attachment Theory and the Family Violence Reforms
Attachment Theory and the Family Violence Reforms
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ehaviour is unacceptable, including physical <strong>and</strong> emotional abuse <strong>and</strong> <strong>the</strong>exposure of children to family violence• better targeting what a court can consider in relation to family violence orders aspart of considering a child’s best interests• requiring family consultants, family counsellors, family dispute resolutionpractitioners <strong>and</strong> legal practitioners, when advising clients, to encourage <strong>the</strong>m toprioritise <strong>the</strong> safety of children• improving reporting requirements for family violence <strong>and</strong> abuse, ensuring <strong>the</strong>courts have better access to evidence, <strong>and</strong>• making it easier for state <strong>and</strong> territory child protection authorities to participate infamily law proceedings.Viewing <strong>the</strong> 2006 reforms from an attachment perspectiveI now want to consider both sets of laws from <strong>the</strong> perspective of attachment <strong>the</strong>ory,commencing with <strong>the</strong> shared parenting reforms of 2006. My starting point is to ask <strong>the</strong>question “What features of <strong>the</strong> shared parenting reforms might be considered to beconsistent with <strong>the</strong> principles that underlie attachment <strong>the</strong>ory?”First, it could be said that section 60CC(2)(a), which is couched in terms of <strong>the</strong> benefit to<strong>the</strong> child of having a meaningful relationship with both parents, is consonant withattachment <strong>the</strong>ory in <strong>the</strong> sense that <strong>the</strong> inquiry is qualitative, nuanced <strong>and</strong> child-focused.On <strong>the</strong> face of <strong>the</strong> language used in <strong>the</strong> statute at least, <strong>the</strong> section is directed not towardsparental rights or <strong>the</strong> amount of time a child should spend with both parents but to <strong>the</strong>nature <strong>and</strong> quality of <strong>the</strong> relationship <strong>the</strong> child has with both parents <strong>and</strong> what12