17.1 In Chapter 16, the Commissions examine the way in which state and territory courts, when making protection orders under family violence legislation, consider parenting orders made under the Family Law Act 1975 (Cth). This chapter focuses on how federal family courts consider and address issues of family violence when making various kinds of orders under the Family Law Act.
17.2 The Commissions note that the Family Courts Violence Review, undertaken by Professor Richard Chisholm (the Chisholm Review), examined how federal family courts identify and respond to issues of family violence in family law proceedings. As the Terms of Reference for this Inquiry direct the Commissions not to duplicate this work, this chapter limits the discussion of the Chisholm Review to matters concerning the interaction in practice between state and territory family violence laws and the Family Law Act.
17.3 The first part of this chapter examines how federal family courts respond to protection orders made under state and territory family violence legislation when determining what is in a child’s best interests, and when ensuring that parenting orders, including relocation and recovery orders, do not expose a parent or child to an unacceptable risk of family violence. This section also briefly discusses the consideration of family violence when making orders under the Family Law Act for the distribution of property.
17.4 The second part of this chapter considers ways in which federal family courts can make orders for the personal protection of victims of family violence in family law proceedings. The final part of the chapter considers the interaction between protection orders under state and territory family violence legislation and recovery orders under div VII of the Family Law Act or the Convention on the Civil Aspects of International Child Abduction (Hague Convention), as implemented by the Family Law (Child Abduction Convention) Regulations 1987 (Cth).