Search

The Australian Institute of Family Studies' Evaluation of the 2006 family law reforms was released in January 2010. It is based on an extensive amount of empirical research, unprecedented in Australia and arguably internationally, comprising 17 separate studies involving 28,000 people, 1724 court files, administrative data and legal analysis. This article presents some key findings of the Evaluation. Specifically, the Evaluation found that for the majority of families, the family law system is working satisfactorily. At the same time however, the Evaluation findings underline the existence of complex issues, including family violence and child abuse concerns, mental health problems and substance misuse which affect many families that rely on the federal family law system^ for assistance. While the introduction of family dispute resolution with exceptions+ has resulted in more disputes being resolved without court action, there is a need for refinement of processes and understandings with respect to cases that are unsuitable for such processes or cases that require additional support in order for disputes to be resolved safely and responsibly. Similarly, while children in shared care represent a minority overall, and while the majority of families with shared care appear to be doing well, there is evidence that these arrangements are sometimes being made even in circumstances where parents have safety concerns, with adverse consequences for the well-being of children.