Evaluation of the 2006 family law reforms
This report was commissioned by the Australian Government Attorney-General’s Department and the Department of Families, Housing, Community Services and Indigenous Affairs.
Media release: Evaluation of the 2006 family law reforms finds mixed results
Rae Kaspiew, Matthew Gray, Ruth Weston, Lawrie Moloney, Kelly Hand, Lixia Qu and the Family Law Evaluation Team
Australian Institute of Family Studies, December 2009.
Summary report - Evaluation of the 2006 family law reforms: Summary report
Full report (excluding appendices) - Evaluation of the 2006 family law reforms (PDF 5.9 MB)
Full report contents
Chapter 1. Introduction, background and methodology (PDF 184 KB)
1.1 Background to the 2006 family law reforms
1.2 The family law system after 1 July 2006
1.3 Evaluation methodology
1.4 Structure of this report
2.1 Socio-economic and demographic characteristics of separated parents
2.2 Separated parents’ reports of experiencing family violence
2.3 Experience of mental health problems, alcohol/drug use, or other addictions before separation
2.4 Co-occurrence of family violence, mental health problems and addiction issues
2.5 Quality of relationships between parents after separation
2.6 Summary
Chapter 3. Use and effectiveness of new and expanded family relationship services (PDF 212 KB)
3.1 Clients using FRSP services
3.2 Service use by parents who are not separated
3.3 Service use by parents who separate
3.4 Staff assessments of their service’s operation
3.5 Family relationship services and Indigenous clients
3.6 Client satisfaction
3.7 Summary
Chapter 4. Pathways towards parenting arrangements (PDF 248 KB)
4.1 Negotiating and deciding parenting arrangements after separation
4.2 Referral pathways
4.3 Pathways and family violence
4.4 Satisfaction with pathways
4.5 Pathway coordination
4.6 Summary
Chapter 5. Family dispute resolution (PDF 232 KB)
5.1 A note on FDR with exceptions and certificates
5.2 A note on terminology and changing practice
5.3 Operation and outcomes of FDR
5.4 Summary
6.1 Opinions of parents about post-separation parental involvement and equal care time for children
6.2 Prevalence of different care-time arrangements: Reports of parents who separated postreform
6.3 Care-time arrangements in post-reform court files
6.4 Durability of different care-time arrangements
6.5 Extent of change in care-time arrangements since the 2006 reforms
6.6 Summary
Chapter 7. Care-time arrangements: Negotiations and family profiles (PDF 1.3 MB)
7.1 Characteristics of parents with different care-time arrangements
7.2 Development of care-time arrangements: Process and evaluations
7.3 Quality of inter-parental relationships
7.4 Profiles of families with different care-time arrangements
7.5 Summary
8.1 Decision-making responsibilities
8.2 Financial support for children post-separation
8.3 Summary
9.1 Philosophical support for shared parental responsibility
9.2 Understanding the distinction between parental responsibility and time
9.3 Parental expectations about shared time
9.4 Working with parents to produce child-focused outcomes
9.5 Who did the legal changes favour?
9.6 Bargaining? Dynamics and issues
9.7 Summary
10.1 Professionals’ estimates of family violence and views of the family law system response
10.2 Screening for and identifying abuse and family violence
10.3 Service provision sector responses: Insights from clients and service provision professionals
10.4 Legal system responses: Insights from family law professionals
10.5 Summary
Chapter 11. Children’s wellbeing (PDF 420 KB)
11.1 Methodological issues
11.2 Care-time arrangements and children’s wellbeing
11.3 Family violence, safety issues and the nature of inter-parental relationships
11.4 Care-time arrangements, violence and safety issues, inter-parental relationships and child wellbeing: Estimates using LSAC
11.5 Summary
Chapter 12. Grandparenting and the family law reforms (PDF 520 KB)
12.1 Grandparents and the 2006 family law reforms
12.2 Views of parents in general about the grandparent–grandchild relationship
12.3 Parental separation and the grandparent–grandchild relationship
12.4 Consideration of time with grandparents when making parenting arrangements
12.5 Family lawyers’ perceptions
12.6 Grandparents’ knowledge and use of legislation and services under the 2006 reforms
12.7 FRSP staff perceptions about grandparent–grandchild relationships
12.8 Summary
Chapter 13. The 2006 reforms and the courts (PDF 336 KB)
13.1 Case management: A brief overview
13.2 Differences in patterns of filings and representation in the FCoA, FMC and FCoWA
13.3 The FMC and the FCoA: Implications for the administration of the SPR Act 2006
13.4 Summary
14.1 Key insights from the FLS 2006 and 2008
14.2 Differences between the FMC and the FCoA
14.3 Less adversarial trials in the FCoA: Qualitative insights
14.4 The Family Court of Western Australia model
14.5 Summary
Chapter 15. The application of the SPR Act 2006 amendments to the Family Law Act 1975 (PDF 164 KB)
15.1 The workability of the SPR Act 2006
15.2 Decision-making post–1 July 2006: Goode and Goode
15.3 Objects and principles: Meaningful involvement and protection from harm
15.4 Parental responsibility
15.5 Time arrangements
15.6 Factual considerations: s60CC(3)(c)
15.7 Summary
Chapter 16. Summary of key findings and conclusions (PDF 88 KB)
16.1 Implications of the findings for the key evaluation questions
16.2 Conclusion
Acronyms, abbreviations and glossary (PDF 64 KB)
Appendices
Appendix A: Historical context: Family law and social change in Australia, 1976–2006 (PDF 472 KB)
Appendix B: Evaluation framework and project methodologies (PDF 3.1 MB)
Appendix C: Instruments (PDF 10.7 MB)