The concern of the legislature regarding protection of children from violence, abuse and neglect is made explicit in this principle.
What is commonly referred to as the third principle of the principles in child-related proceedings, prescribes that "the proceedings are to be conducted in a way that will safeguard:
(a) the child concerned against family violence, child abuse and child neglect; and
(b) the parties to the proceedings against family violence".
The more active case management approach in part VII Division 12A of the Family Law Act ensures that allegations of violence and abuse are dealt with early stage in the court process.
It also ensures that judicial officers are better able to ensure that appropriate evidence is before them.
This assists the courts to better address issues of child abuse and family violence in proceedings.
This is a particularly fast growing area of family law in more recent years, and it is a strength of Family Law Investigations to assess evidence way that may be presented to a court and to determine an appropriate strategy to ensure that the court has credible evidence to consider in this regard.
Is not to anyone's interest, least of all any child's best interest who may be affected by family violence, to elicit any degree of inappropriate all sensationalised evidence to bring about an injustice on another party to such proceedings.
Domestic Violence - Getting Real Evidence
Unfortunately in the modern day it has become a entrenched strategy of many practitioners to file vexatious and frivolous suits against opposing parties to elicit some benefit or advantage over such parties who may oppose their own submissions.
Genuine cases of domestic violence are particularly disturbing and very confronting for practitioners, victims and the families who are involved in these matters.
Family Law Investigations has an extensive network of support staff who can assist victims of such crimes and will provide guidance as to the appropriate means of remedy.
If you are at risk of domestic violence please call 000 if the threat of domestic violence imminent or alternatively contact your nearest Queensland Police Station or DV Connect for assistance.
Note: Nothing in this article is intended to constitute legal advice. If you require assistance with a legal matter please contact our office to benefit from the Family Law Investigations Professional Network or contact the Queensland Law Society to find a specialist in your area.