family law system and for change to make the family law WLCWA’s recommendations system more accessible by those most in need of judicial intervention in our society. Terms and Language Used Consistent with the language in the Family Law Act 1975 (Cth) and Family Court Act 1997 (WA), WLCWA will use the term in this submission when referring to ‘family violence’ or other behaviour by a person that coerces or controls a member of the ‘violent, threatening family (the family member), or causes the family member to be person’s fearful.’ We note that some people who experience violence prefer the term and others prefer ‘victim’ the term In this submission we use the term which is intended to ‘survivor’. ‘victim-survivor’ be inclusive of both victims and survivors. In the large majority of cases, family violence is gendered, that is, it is perpetrated by men against women. We use gendered language in this submission. We acknowledge women can be perpetrators of violence and men can be victim-survivors. Summary of Recommendations For ease of reference, attached to this Submission and is a Summary of the marked “A” Recommendations referred to in this submission. Challenges of the Current System – General Comments Accessibility and engagement The family law system is complex and confusing. For victim-survivors of family violence, the family law system represents just one of many systems they are required to navigate to try and achieve outcomes for their families. As a private civil remedy, the family law system more so than the family violence system, relies on litigants or their legal representatives to understand and be in a position to comply with complex and detailed court documents, rules, practices and procedures.
family law system and WLCWA’s recommendations for change to make the family law system more accessible by those most in need of judicial intervention in our society. Terms and Language Used Consistent with the language in the Family Law Act 1975 (Cth) and Family Court Act 1997 (WA), WLCWA will use the term ‘family violence’ in this submission when referring to ‘violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.’ We note that some people who experience violence prefer the term ‘victim’ and others prefer the term ‘survivor’. In this submission we use the term ‘victim-survivor’ which is intended to be inclusive of both victims and survivors. In the large majority of cases, family violence is gendered, that is, it is perpetrated by men against women. We use gendered language in this submission. We acknowledge women can be perpetrators of violence and men can be victim-survivors. Summary of Recommendations For ease of reference, attached to this Submission and marked “A” is a Summary of the Recommendations referred to in this submission. Challenges of the Current System – General Comments Accessibility and engagement The family law system is complex and confusing. For victim-survivors of family violence, the family law system represents just one of many systems they are required to navigate to try and achieve outcomes for their families. As a private civil remedy, the family law system more so than the family violence system, relies on litigants or their legal representatives to understand and be in a position to comply with complex and detailed court documents, rules, practices and procedures.
family-law_-40._womens_law_centre_of_wa_submission.docx