15. Family Law Interactions: An Introduction
15.97 In Chapter 3, the Commissions set out a framework for reform of the jurisdictions of courts that deal with issues of family violence. In that chapter, the Commissions consider that the effective protection of people affected by family violence is compromised by gaps arising as a result of the interaction between four legal systems: state and territory family violence legislation; criminal law; child protection laws; and federal family law. For the reasons discussed in Chapter 3, the Commissions do not favour a recommendation that one court should be established with jurisdiction to deal with all legal issues resulting from family violence. Rather, the Commissions consider that the most effective way to integrate these systems is to develop corresponding jurisdictions, where the jurisdictions of courts dealing with family violence overlap to an appropriate degree.
15.98 Using this framework, Chapters 16 and 17 consider how the jurisdiction of state and territory magistrates courts under family violence legislation and the jurisdiction of federal family courts to make orders with respect to parenting can correspond. Chapter 16 considers reforms to the jurisdiction of state and territory courts to deal with family law matters, while Chapter 17 considers reforms to the jurisdiction of federal family courts to make protective orders for victims of family violence.
15.99 In addition, these chapters consider the operation of laws governing how federal family courts and state and territory courts deal with inconsistencies between orders. The emphasis throughout is the need to ensure that the interaction between the two legal systems does not expose victims of family violence to the risk of further harm.