Staff Profile

photo of Dr Rae Kaspiew

Dr Rae Kaspiew
Senior Research Fellow, Family Law

BA (Melb), LLB(Hons) (Melb), PhD (Melb), GDLP (ANU)

Biography

Dr Rae Kaspiew is a socio-legal researcher with particular expertise in family law and family violence. She manages the family law and family violence research program at the Australian Institute of Family Studies. Her area of specialisation is in the design and implementation of research programs related to the impact of legislation and dispute resolution programs, including quantitative approaches based on archival data (especially court files and judgments). She is lead author of the report on the AIFS Evaluation of the 2006 family law reforms report.

Her two main current projects involve:

  1. an evaluation of the impact of the 2012 family violence amendments to the Family Law Act 1975 (Cth) commissioned by the Attorney General’s Department; and
  2. research on violence prevention programs for children and at-risk groups for NSW Women.

Recent projects include a study of the role and efficacy of Independent Children’s Lawyers and en evaluation of a family dispute resolution pilot for parenting matters where there has been a history of family violence. The conduct of ethically-sensitive research, such as that involving alleged perpetrators and alleged victims of family violence, is a particular area of interest.

In addition to her role at AIFS, Rae is a member of the Family Law Council, a body that provides policy advice on family law to the federal Attorney General. Throughout 2011 she co-ordinated the Council’s work addressing a reference that examines how the family law system meets the needs of Aboriginal and Torres Strait Islander peoples and what improvements may be required. This has involved conducting consultations with relevant groups, including Aboriginal organisations and other service providers. She was also a member of the Violence Against Women Advisory Group (2009-2011) that advised the federal Minister for the Status of Women on the implementation of the National Plan to Reduce Violence against Women.

Rae is an external supervisor for a PhD being undertaken by Ms Briony Horsfall at Swinburne University which is examining child representation in Children’s Court child protection matters. She is also on the Editorial Board of the Australian Journal of Family Law. In May 2010, she gave evidence before a House of Commons Justice Select Committee inquiring into the working of the UK family courts on the impact of the 2006 family law reforms in Australia.

Current research activities

  • Family law (including dispute resolution approaches where there has been family violence)
  • Child protection
  • Family violence

Specialist areas

  • Socio-legal research in family and criminal law
  • Childrens interests in legal contexts
  • Family violence

Selected recent publications

  • Campo. M., Kaspiew, R., Moore, S., & Tayton, S. (2014). Children affected by domestic and family violence. Commissioned by NSW Family and Community Services. Melbourne: Australian Institute of Family Studies.
  • Kaspiew, R., Carson, R., Moore, S., De Maio J., Deblaquiere, J., & Horsfall, B. (2014). Getting the word out: The role of Independent Children's Lawyers in the family law system. Australian Journal of Family Law 28(1) 29.
  • Kaspiew, R., Carson, R., Moore, S., De Maio, J., Deblaquiere, J., & Horsfall, B. (2014). Independent Children's Lawyers Study: final report. Research report. Melbourne: Australian Institute of Family Studies.
  • Kaspiew, R., Carson, R., Moore, S., De Maio J., Deblaquiere, J., & Horsfall, B. (2014). The Role of Independent Children's Lawyers in the Family Law System. Child Family and Community Australia Connect. Melbourne: Australian Institute of Family Studies.
  • Kaspiew, R., De Maio, J., Deblaquiere, J., & Horsfall, B. (2014). Families with complex needs: Meeting the challenges of separation. In A. Hayes & D. Higgins (Eds.), Families, policy and the law: Selected essays on contemporary issues for Australia. Melbourne: Australian Institute of Family Studies.
  • Kaspiew, R., De Maio, J., Qu, L., & Deblaquiere, J. (2014). Post-separation parenting arrangements involving minimal time with one parent In A. Hayes & D. Higgins (Eds.), Families, policy and the law: Selected essays on contemporary issues for Australia. Melbourne: Australian Institute of Family Studies.
  • Qu, L., Weston, R., Moloney, L., Kaspiew, R., & Dunstan, J. (2014). Post-separation parenting, property and relationship dynamics after five years. Melbourne: Australian Institute of Family Studies.
  • Tayton, S., Kaspiew, R., Moore, S., & Campo. M. (2014). Groups and communities at risk of domestic and family violence. Commissioned by NSW Family and Community Services. Melbourne: Australian Institute of Family Studies.
  • De Maio, J., Kaspiew, R., Smart, D., Dunstan, J., & Moore, S. (2013). Survey of Recently Separated Parents: a study of parents who separated prior to the implementation of the Family Law Amendment (Family Violence and Other Matters) Act 2011 (PDF 2.16MB). Research report. Melbourne: Australian Institute of Family Studies.
  • Carson, R., Moore, S., & Kaspiew, R. (2012). Family law update. In Family Matters, 91, 106. Melbourne: Australian Institute of Family Studies.
  • Kaspiew R. (2012). Aboriginal and Torres Strait Islander Peoples and the family law system: A report by the Family Law Council. Australian Journal of Family Law, 26(3), 254-277.
  • Moloney, L., Kaspiew, R., De Maio, J., Deblaquiere, J., Hand, K., & Horsfall, B. (2012). The Family Relationship Centre Legal Assistance Services Partnerships Program : Evolution and evaluation. Journal of Family Studies, 17-(3).
  • Weston, R, Qu L, Gray, M, De Maio, J, Kaspiew, R, Moloney, L, Hand, K. (2011). Shared care-time: an increasingly common arrangement? Family Matters, 88, 51. Melbourne: AIFS.
  • Kaspiew, R., Gray, M., & others (2011). Legislative aspirations and social realities: Empirical reflections on Australia’s 2006 family law reform. Journal of Social Welfare and Family Law, December.
  • Kaspiew, R., & Moore, S., (2011) Family Law Update, Family Matters, 88, 65.
  • Higgins, D. J., & Kaspiew, R. (2011). Child protection and family law… Joining the dots (NCPC Issues 34). Melbourne: National Child Protection Clearinghouse at the Australian Institute of Family Studies.
  • Kaspiew R., Behrens J., & Smyth B. (2011). Relocation disputes in separated families prior to the 2006 reforms: an empirical study. Family Matters No 86, 72.
  • Kaspiew R. (2011). Founded on observation of the seen heavens: Empirical evidence in family law. Family Matters, 86, 5.
  • Kaspiew R., Gray M., Weston R., Moloney L., Hand K., & Qu L. (2011). The AIFS evaluation of the 2006 family law reforms: A summary. Family Matters, 86, 8.
  • Weston, R., Qu, L., Gray, M., Kaspiew, R., Moloney, L., Hand, K., and the Family Law Evaluation Team (2011). Care-time arrangements after the 2006 reforms: Implications for children and their parents. Family Matters, 86, 19–32.
  • Maloney, L., Kaspiew, R., De Maio, J., Deblaquiere, J., Horsfall, B. (2011) Evaluation of the Family Relationship Centre Legal Assistance Partnerships Program: final report, 2011 (PDF 5.4MB). Commissioned by the Australian Government Attorney-General's Department (AGD), Melbourne: Australian Institute of Family Studies.
  • Kaspiew, R., De Maio, J., Deblaquiere, J., & Horsfall, B. (2011), Evaluation of the Co-ordinated Family Dispute Resolution Pilot: Interim Report (unpublished, prepared on a confidential basis).
  • Kaspiew, R., Gray M., Weston R., Moloney, L., Qu L,. & the Family Law Evaluation Team. (2010) The Australian Institute of Family Studies' evaluation of the 2006 family law reforms: key findings, Australian Journal of Family Law, 24(1), 5-33.
  • Behrens J., Smyth B., & Kaspiew R. (2010). Outcomes in relocation cases: Some new data. Australian Journal of Family Law, 24(1), 97.
  • Horsfall, B., & Kaspiew, R. (2010). Relocation in separated and non-separated families: equivocal evidence from the social science literature. Australian Journal of Family Law 24(1), 97.
  • Kaspiew, R., Gray M., Weston R., Moloney, L., Qu L., & the Family Law Evaluation Team (2009). Evaluation of the 2006 family law reforms. Australian Institute of Family Studies.
  • Behrens, J., Smyth, B., & Kaspiew, R. (2009). Australian family law court decisions on relocation: Dynamics in parents' relationships over time. Australian Journal of Family Law, 23.
  • Kaspiew, R. (2008). Family Violence in children’s cases under the Family Law Act 1975 (Cth): Past practice and future challenges. Journal of Family Studies, 279, 14(2-3).
  • Higgins, D., & Kaspiew, R. (2008). Mind the gap: Protecting children in family law children’s cases. Australian Journal of Family Law, 22, 235.
  • Kaspiew, R. (2007). Empirical insights into parental attitudes and children’s interests in Family Court litigation. Sydney Law Review, 29(1), 131.
  • Kaspiew, R. & Behrens, J. (2007). Chapter 5 - Family Violence: Fragmented Legal Responses. Australian Family Law: The Contemporary Context. Belinda Fehlberg and Juliet Behrens, Oxford University Press.
  • Kaspiew, R. (2005). Violence in Contested Children's Cases: An Empirical Exploration. Australian Journal of Family Law. 19(2), 112-143.

Submissions

  • Appeared before House of Commons Justice Select Committee Inquiring into the operation of the family courts, May 2011.
  • (with Lixia Qu) Senate Standing Committee on Legal and Constitutional Affairs. Inquiry into the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill. Submission on the characteristics of de facto families, 2008.

Presentations

  • See also Staff papers and presentations
  • Kaspiew, R., (2011) Family law in Australia in 2011: Recent Policy developments and Research Insights, Cardiff University Law School
  • Kaspiew R.,(May 2011) Family law in Australia 2011: Briefing for family law interest group, Oxford University
  • Kaspiew, R., Behrens J., Smyth, B. (February 2011) Litigated relocation disputes 2002-2005: an empirical study, AIFS public seminar series, .
  • Kaspiew, R. (2011) The Empirical Context for the 2011 Family Violence Reforms, Lexis Nexis Family Law Summit
  • Kaspiew, R., Moloney, L., et al (August 2011) Evaluation of the Family Relationships Centre Legal assistance partnership program: an overview, Queensland Law Society Family Law Residential
  • Kaspiew, R., Behrens, J., Smyth, B. ( October 2011) Litigated Relocation Disputes 2002-2004: an empirical study, APS Family Law Interest Group
  • Weston, R., Kaspiew, R., & Moloney, L. (November 2011) Family Violence, Judges Conference (FCoA and FMC)
  • Weston, R., Kaspiew, R., & Moloney, L. (November 2011) Family Law in Australia, for delegation from International Islamic Univsersity
  • Kaspiew, R. (September 2007). Parental attitudes and children's interests. Paper delivered to the Queensland Law Society's Family Law Residential, 14 September 2007.
  • Behrens, J., Smyth, B., & Kaspiew, R. (April 2008). Preliminary results from the experiences of parents after Family Court decisions about relocation. Symposium: Relocation Disputes in Australia, Australian National University, 18 April, 2008.
  • Behrens, J., Smyth, B., & Kaspiew R. (eds) (2008). What do we know and what are the implications for policy? Symposium: Relocation Disputes in Australia, Australian National University, 18 April, 2008.
  • Associate author with Rhoades, H., Sanson, A., & Astor. (October 2006). Exposure Draft, Family Lawyers and Family Dispute Resolution Services: A Study of Inter-Professional Practices. Presented to the Federal Attorney General’s Department.

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