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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I should mention that although my paper doesn’t strictly follow <strong>the</strong> format of mypresentation at <strong>the</strong> conference, which was ‘question <strong>and</strong> answer’ style, all of <strong>the</strong> materialI presented (<strong>and</strong> indeed more) has been included.I don’t intend to discuss <strong>the</strong> 2011 reforms in exhaustive detail <strong>and</strong> for that reason I haveincluded an overview at appendix 1. The same applies to statistical data about sharedparenting arrangements following <strong>the</strong> 2006 reforms <strong>and</strong> about <strong>the</strong> nature <strong>and</strong> quality ofchild/parent relationships following <strong>the</strong> 2006 reforms. This data can be found atappendix 2.I must also emphasise that <strong>the</strong> views expressed in this paper are my own <strong>and</strong> are based onmy observations as a judge sitting at first instance <strong>and</strong> on appeal. They do not representthose of <strong>the</strong> Chief Justice or of <strong>the</strong> <strong>Family</strong> Court of Australia as a whole.An overview of attachment <strong>the</strong>ory <strong>and</strong> family violenceAs <strong>the</strong> <strong>the</strong>me for <strong>the</strong> 49 th AFCC annual conference was structured around <strong>the</strong> specialedition of <strong>the</strong> <strong>Family</strong> Court Review <strong>and</strong> <strong>the</strong> work of Richard Bowlby, <strong>the</strong> followingoverview of attachment <strong>the</strong>ory <strong>and</strong> its relationship with family violence <strong>and</strong> high levelconflict is drawn from commentaries on Bowlby’s work. In doing so however, Irecognise that Bowlby’s conceptualisation of attachment <strong>the</strong>ory is not uncontroversial<strong>and</strong> that <strong>the</strong> significance accorded by Bowlby <strong>and</strong> o<strong>the</strong>rs to formative infant-mo<strong>the</strong>rinteractions in particular has been <strong>the</strong> subject of critical analysis. 5In <strong>the</strong>ir brief summary of attachment <strong>the</strong>ory, Mikulincer <strong>and</strong> Shaver say <strong>the</strong> following:According to Bowlby, human beings are born with an innate psychobiologicalsystem (<strong>the</strong> attachment behavioural system) that motivates <strong>the</strong>m to seek proximity3