Attachment Theory and the Family Violence Reforms

ConclusionIn conclusion, all that I can really say is “watch this space.” We will certainly knowmuch more in twelve months’ time, if our experience of the 2006 shared parentingreforms is any guide. 61 I would expect to see some jurisprudential development duringthis period, although not necessarily at an appellate level. Our data collection systemalready captures information about the number of Notices of Family Violence and ChildAbuse filed, the types of orders made and, where parents agree or a judge orders that aparent spend less than 30% of time with their child or children, the main reason why thatorder was made. We have been capturing this information since 2006 and it will beinstructive for comparative purposes, as to whether the category of violence/abusefeatures more prevalently. The Australian Institute of Family Studies is also undertakinga study into the use of independent children’s lawyers in family law proceedings and Iunderstand that the effect of the family violence reforms is an issue that is being built intothe research design. Of course, thanks to the evaluation of the 2006 reforms there isbaseline data available should government wish to commission a formal evaluation, and Ihope they do so.Nevertheless, despite what judgments, orders and data will tell us, I believe theinescapable reality is that maintaining a statutory framework in which legislativepresumptions then trigger mandatory consideration of time means that the familyviolence reforms are compromised in their ability to protect children from harmassociated with family violence. Viewed from an attachment perspective and indeedfrom that of anyone concerned about the safety and wellbeing of children and youngpeople, the family violence reforms can be seen as an opportunity lost.61 For example, the Full Court of the Family Court handed down a decision as to the legislative pathway tobe followed in light of the 2006 shared parenting amendments within six months of those amendmentscoming into effect – see Goode & Goode (2006) FLC 93-286.40