The need for specialist family violence expertise A prominent theme in the submissions and forums was a concern to incorporate the expertise of specialist family violence services into family law system risk assessment processes. Stakeholders who raised this issue referred to the importance of incorporating an understanding of this experience and understanding of family violence dynamics and sector’s trauma-informed practice into the family law system to support early risk assessments, including the expertise of family violence services for Aboriginal and Torres Strait Islander and culturally and linguistically diverse clients. These submissions also noted the importance of incorporating an understanding of the tactics of abuse that can undermine the child’s attachment to the non-abusive parent, including the psycho-social and health impacts and support needs associated with exposure to family violence for children, as well as an understanding of the ways in which legal processes may be used to continue abuse after separation. The need to recognise cumulative harm to children Some stakeholders expressed concerns about the scope for decision-making about children’s care needs to focus on recent and imminent risks to the safety at the expense of child’s recognising the cumulative impact of trauma on children over time. This issue is discussed in the Department of Health and Child Development and Trauma Guide, Human Services’ which describes this concept as referring to ... the effects of patterns of circumstances and events in a life, which diminish child’s a sense of safety, stability and wellbeing. Cumulative harm is the existence of child’s compounded experiences of multiple episodes of abuse or of neglect. The ‘layers’ unremitting daily impact on the child can be profound and exponential, covering multiple dimensions of the life. child’s This concept is recognised in child protection legislation, the Children Youth and Victoria’s which requires the courts and practitioners working with vulnerable Families Act 2005, children to consider effects of cumulative patterns of harm on a child's safety and ‘the development’. The need for culturally safe risk assessment processes In its Council noted the evidence that Aboriginal children in Australia are Interim Report, significantly more likely to be the subject of care and protection orders, and to be living in out of home care, than non-Aboriginal children. Submissions received during the first stage of work on this reference suggested that greater access to the family law system Council’s could offer a way to reduce the incidence of Aboriginal and Torres Strait Islander children being removed from family and country. However, previous work on these issues Council’s and the materials made available during the present reference indicate that the high rates of
The need for specialist family violence expertise A prominent theme in the submissions and forums was a concern to incorporate the expertise of specialist family violence services into family law system risk assessment processes. Stakeholders who raised this issue referred to the importance of incorporating an understanding of this sector’s experience and understanding of family violence dynamics and trauma-informed practice into the family law system to support early risk assessments, including the expertise of family violence services for Aboriginal and Torres Strait Islander and culturally and linguistically diverse clients. These submissions also noted the importance of incorporating an understanding of the tactics of abuse that can undermine the child’s attachment to the non-abusive parent, including the psycho-social and health impacts and support needs associated with exposure to family violence for children, as well as an understanding of the ways in which legal processes may be used to continue abuse after separation. The need to recognise cumulative harm to children Some stakeholders expressed concerns about the scope for decision-making about children’s care needs to focus on recent and imminent risks to the child’s safety at the expense of recognising the cumulative impact of trauma on children over time. This issue is discussed in the Department of Health and Human Services’ Child Development and Trauma Guide, which describes this concept as referring to ... the effects of patterns of circumstances and events in a child’s life, which diminish a child’s sense of safety, stability and wellbeing. Cumulative harm is the existence of compounded experiences of multiple episodes of abuse or ‘layers’ of neglect. The unremitting daily impact on the child can be profound and exponential, covering multiple dimensions of the child’s life. This concept is recognised in Victoria’s child protection legislation, the Children Youth and Families Act 2005, which requires the courts and practitioners working with vulnerable children to consider ‘the effects of cumulative patterns of harm on a child's safety and development’. The need for culturally safe risk assessment processes In its Interim Report, Council noted the evidence that Aboriginal children in Australia are significantly more likely to be the subject of care and protection orders, and to be living in out of home care, than non-Aboriginal children. Submissions received during the first stage of Council’s work on this reference suggested that greater access to the family law system could offer a way to reduce the incidence of Aboriginal and Torres Strait Islander children being removed from family and country. However, Council’s previous work on these issues and the materials made available during the present reference indicate that the high rates of
Family-with-Complex-Needs-Intersection-of-Family-Law-and-Child-Protection-Systems-Final-Report-Terms-3-4-5.DOCX