How the Court deals with domestic violence

In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence).  They cover a wide range of topics, including the following:The difference between how a Family Law Court and a Criminal Court view domestic violence.Apprended Violence Orders (AVOs)Does there need to be an AVO in place before the Family Court considers domestic violence claims?What evidence does the Family Court need to satisfy itself that domestic violence is an issue?Will the court require Family Dispute Resolution (mediation) in domestic violence cases?How do accusations of domestic violence affect Parenting Order decisions?Can domestic violence claims impact a Court's decision about a financial settlement?Also discussed was the Family Law Amendment Bill that has been passed through Parliament and will take effect in May 2024 and includes a "streamlined" parenting framework simplifying the "best interests factors".  This legislation may impact how the Court deals with domestic violence issues when deciding children's matters.Episode note (important): This episode was recorded before changes to Australia’s family law parenting provisions commenced on 6 May 2024. The way the Court approaches “best interests of the child” and related parenting concepts has been updated since this recording, so some legal references in this episode may now be out of date. Please seek current legal advice and refer to the Federal Circuit and Family Court of Australia and Attorney-General’s Department resources for the latest information.