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Attachment Theory and the Family Violence Reforms

Attachment Theory and the Family Violence Reforms

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I have made several references to various evaluations of <strong>the</strong> 2006 shared parentingreforms <strong>and</strong> it is appropriate at this point for me to identify <strong>the</strong> reports <strong>and</strong> describe <strong>the</strong>key findings.There were three major reports, namely:• <strong>the</strong> <strong>Family</strong> Courts <strong>Violence</strong> Review, undertaken by Professor Richard Chisholm <strong>and</strong>released in November 2009• <strong>the</strong> Evaluation of <strong>the</strong> 2006 family law reforms, undertaken by <strong>the</strong> Australian Instituteof <strong>Family</strong> Studies <strong>and</strong> released in December 2009• a review by <strong>the</strong> <strong>Family</strong> Law Council, culminating in <strong>the</strong> report Improving responsesto family violence in <strong>the</strong> family law system: An advice on <strong>the</strong> intersection of familyviolence <strong>and</strong> family law issues, released in December 2009.Consistent with what I said earlier, it is fair to say that <strong>the</strong>re is a <strong>the</strong>matic commonalityemerging from <strong>the</strong> three reports as to widespread misunderst<strong>and</strong>ings arising from <strong>the</strong> wayin which <strong>the</strong> legislation is expressed, which necessarily has implications for children’ssafety, security <strong>and</strong> wellbeing.I will briefly discuss each report in turn <strong>and</strong> especially what <strong>the</strong>y have to say aboutmessages “radiating” from <strong>the</strong> shared parenting reforms.I will first address <strong>the</strong> Chisholm <strong>Family</strong> Courts <strong>Family</strong> <strong>Violence</strong> Review. The followingquote neatly summarises <strong>the</strong> findings made by Professor Chisholm, who incidentally is aformer judge of <strong>the</strong> <strong>Family</strong> Court of Australia. He states:The conclusions emerging from <strong>the</strong> <strong>Family</strong> <strong>Violence</strong> Review suggest that withhindsight it can be seen that some of <strong>the</strong> techniques used in those amendmentshave proved confusing <strong>and</strong> troublesome. In particular, many people seem to have18

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