The Shared Parental Responsibility Act 2006: Australian Judicial Reasoning on Equal Shared Parental Responsibility in Domestic Violence Cases

• In Event: System Responses to Domestic and Family Violence: Critical Perspectives

Abstract

Family law systems have an important role to play in the response to domestic and family violence. Despite improvements in criminal and civil legal responses to domestic violence, family law lags behind. The Australian Family Law Act 1975 underwent significant reform with the introduction of the Shared Parental Responsibility Act 2006. This amendment imposed a rebuttable presumption for “equal shared parental responsibility” post-separation – roughly equivalent to what is called presumptive joint legal custody in the U.S.. The Family Violence and Other Measures Act 2011 partially reversed the 2006 Act in response to adverse outcomes for children, exacerbation of post-divorce conflict, and escalation of domestic and family violence. This paper examines how the presumption for equal shared parental responsibility was applied in domestic violence cases where there was a current or historical Apprehended Violence Order under the Shared Parental Responsibility Act 2006.

Authors

• Molly Dragiewicz, Queensland University of Technology

• Donna Roberts, University of Adelaide

• Peter Chamberlain, University of Canberra

• Paul Delfabbro, University of Adelaide