Domestic violence is at the worst level Family Court Chief Justice Will Alstergren has seen in 30 years
Home violence is at a 30-year high point following the pandemic lockdown, warns the Family Court’s top judge as they try to deal with a backlog of cases.
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The Family Court’s top judge says the prevalence of household violence is higher now than he’s witnessed any time during a career that spans three decades.
Chief Justice Will Alstergren, detailing the growing and disturbing upward trend in both mental health issues and family violence, said the reason for the spike was unclear.
“I am not sure if this reflects a cultural shift and people are reporting it more but, from our point of view, family violence is a lot more prevalent than it has ever been,” he said.
“Our risks-screening techniques have to be a lot better than they perhaps needed to be some years ago and we are continuing to develop in relation to that. Also, in a lot of the parenting cases coming before the courts, mental health is a major issue and it is something we are seeing more of.
“Substance abuse is another issue.”
Adelaide is one of three locations where a new Lighthouse Project, aimed at identifying and assessing risk at an early stage of the court process, is planned this year.
Chief Justice Alstergren, who is also the head of the Federal Circuit Court, which hears the majority of family law matters, said the process aimed to ensure that people who were experiencing family violence would receive support and appropriate case management.
“It will improve the safety of litigants who may have experienced family violence and children who may have experienced associated risks, such as child abuse,” he said.
“In addition, the long-term digitisation we have now engaged in (on the back of COVID-19) is fantastic from a safety point of view as it means that in cases of higher risk, where people shouldn’t have to come to court, they can attend hearings from home or from a safe environment such as a refuge … they can hear them from the car if they have to.”
Chief Justice Alstergren said finding ways to help families resolve their differences and work through issues was more critical than ever.
Queensland-based judge Michael Jarrett is due to preside electronically over dozens of SA’s oldest cases later this month, as part on an ongoing bid to shrink a backlog.
“We have to make sure whatever we are doing is in the best interest of the children – the longer the people are in the family law system, the worse it is for them, in my view,’’ Chief Justice Alstergren said.
Local collaborative law specialist, Belperio Clark director Bev Clark, agreed children must be the priority.
“They say it is not divorce or separation that adversely affects kids but conflict.
“We try to counsel our clients to aim for a situation where you are being co-operative and helpful,” she said.
For help, call the Domestic Violence Crisis Line on 1800 800 098, or 1800RESPECT.