Family Violence in Parenting Cases: What the Pickford Decision Means for You
Navigating a parenting dispute involving family violence is challenging and overwhelming. If you’re facing this situation, you’re not alone. According to the latest report from the Federal Circuit and Family Court of Australia (FCFCOA), a staggering 83% of parenting cases filed involve allegations of family violence.
Understanding how the courts approach these issues—especially coercive control—can make all the difference when it comes to preparing your case and protecting your rights.
Why the Pickford Decision Matters
The recent Full Court decision in Pickford & Pickford [2024] offers valuable guidance for those involved in parenting disputes where coercive and controlling behaviour is alleged. This landmark decision provides much-needed clarity and fairness in handling these complex cases.
How the Courts Assess Family Violence
The Pickford decision outlines a structured, five-step approach for evaluating allegations of family violence, particularly when coercive control is involved:
Identifying the Behaviour: What actions are alleged to be coercive or controlling?
Considering the Context: When and how did the behaviour occur? Were there explanations or justifications?
Evaluating the Impact: How did the behaviour affect your well-being, safety, and autonomy?
Assessing the Evidence: What does the factual evidence show?
Determining Family Violence: Is the behaviour part of a broader pattern of coercion and control, or can even isolated incidents be considered?
Why This Matters: Once family violence is established, the Court decides how much weight these findings should carry when determining parenting arrangements. As noted by Justices Aldridge and Carew, this process can significantly impact the outcome of your case
What This Means for You
If you’re dealing with family violence in a parenting dispute, the Pickford decision emphasizes the importance of presenting clear, well-organized evidence. It’s not just about describing your experiences but demonstrating how the behavior affected your safety and autonomy.
How Connect Family Law Can Help You
Navigating these sensitive and complex matters can feel daunting. At Connect Family Law, we’re here to support you with compassion and expertise.
We can help you:
Understand the legal framework and how the Pickford decision applies to your situation.
Prepare comprehensive evidence to present your case effectively.
Develop a strategy that prioritizes your well-being and your children’s future.
Contact us today for guidance and support, your initial half hour appointment will be on us (free).
You don’t have to face this alone. We’re here to help you find your way forward.
