Evaluation of the 2006 family law reforms
Evaluation of the 2006 family law reforms
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
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
Summary report
Evaluation of the 2006 family law reforms: Summary report
Download printable version - Evaluation of the 2006 family law reforms (PDF 5.9 MB)
Contents
- Lists of figures
- Lists of tables
- Acknowledgements
- Executive summary
- Chapter 1. Introduction, background and methodology
- 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
- Chapter 2. Characteristics of separated parents: Challenges and issues for family relationships and wellbeing
- 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
- 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
- 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
- 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
- Chapter 6. Care-time arrangements: Community opinions, prevalence and durability of different arrangements, and trends across the years
- 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
- Chapter 8. Parental responsibility: Decision-making about issues affecting the child and financial support (PDF 740 KB)
- 8.1 Decision-making responsibilities
- 8.2 Financial support for children post-separation
- 8.3 Summary
- Chapter 9. Parental responsibility and time: Perspectives and practices of lawyers and other service providers (PDF 655 KB)
- 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
- Chapter 10. Family violence and child abuse: Parents' pathways and professionals' perspectives (PDF 370 KB)
- 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 425 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 525 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 340 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
- Chapter 14. The implementation of Division 12A of Part VII: Principles for conducting child-related proceedings (PDF 255 KB)
- 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 165 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 90 KB)
- 16.1 Implications of the findings for the key evaluation questions
- 16.2 Conclusion
- References (PDF 70 KB)
- Case list (PDF 40 KB)
- Acronyms, abbreviations and glossary (PDF 70 KB)
- Appendices