Family Violence

Clive Mills Family Law Mediation is concerned to ensure the safety of all parties participating in mediation.

Family violence occurs when one party behaves aggressively or violently to another, or when attempts are made to threaten, dominate or control a family member in such a way as to cause that person to fear for their safety or well-being. Such behaviour can take many forms and include physiological and emotional abuse and include controlling or preventing one party in a marriage to have sufficient access to the party’s finances.

Family Violence can also involve threats to damage family pets or property or make a person fear for the safety of another person.

The Family Court and the Federal Circuit Court are obliged to have regard to circumstances where a child is subjected to family violence or exposed to family violence.

Clive Mills Family Law Mediation is obliged, by the Family Law Regulations, to take into account where there has been family violence and, in particular, where a child has been exposed to family violence.

In some cases where there has been family violence, the mediator may conclude, after making an appropriate assessment, that Family Dispute Resolution may not be appropriate.

The mediators at Clive Mills Family Law Mediation service are required to ensure that all parties to Mediation are able to freely participate in, on an equal footing, the mediation process.

Regulation 25 of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 provides that the Family Dispute Resolution Practitioner must be satisfied that consideration has been given to whether the ability of any party to negotiate freely in the dispute is affected by any of the following matters:

• a history of family violence (if any) among the parties;
• the likely safety of the parties;
• the equality of bargaining power among the parties;
• the risk that a child may suffer abuse;
• the emotional, psychological and physical health of the parties;
• any other matter that the family dispute resolution practitioner considers relevant to the proposed family dispute resolution.

In the event that mediation is undertaken and, if at any time, it becomes apparent to us that family violence, or any other factor, prevents a party from freely participating in the mediation process, then they will bring the mediation process to an end.

When you contact us you will receive competent services from one of our highly experienced lawyers. We will help you to manage the really important issues: Call us on (02) 9199 0737 or send us an email online cjm@cmalegal.com.au for assistance.