Child protection and family law… Joining the dots

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16 May 2011Concerns about child abuse and neglect in the context of separated families highlight the intersection between two different legal systems in Australia. Child protection concerns are dealt with by state and territory systems that are authorised to intervene when children are at risk of harm in the care of their families. However, allegations about safety, abuse and neglect are also commonly raised in the context of disputes between separated parents about the care of their children. Such disputes are dealt with in the federal family law system and are private law disputes for which the parents are responsible. When allegations of child abuse and/or neglect are raised in cases where the parents are separated, it is possible for both the child protection system and the federal family law system to become involved. Recent research has highlighted the prevalence of concerns about child safety, abuse and neglect in post-separation parenting disputes (Kaspiew et al., 2009) and there is increasing recognition of the need for more effective responses in this area (Australian Law Reform Commission & NSW Law Reform Commission [ALRC/NSWLRC], 2010; Chisholm, 2009; Family Law Council [FLC], 2002, 2009) with the interactions between child protection systems and the family law system giving rise to significant concern
at a range of levels.

Publication typeReport
Publisher TypeAcademic research centre, Government or Gov agency
CoverageAustralia
Permanent URLhttp://apo.org.au/node/24803
Views2109

Related Topics

Child protection

Child support

Dispute resolution

Foster care

Parenting

Single parents

Social Policy

Justice

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