The Family Courts Publicity Machine Strikes Gold After the Male Chief Justice Calls to End Gendered Violence

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In 2006, the Howard government caved to the pressure of fathers' rights groups and established - the ‘Right to a meaningful relationship with both parents’ and ‘50/50 presumed shared parental responsibility’. These changes led to an exciting new playground for family violence perpetrators to use the system to continue the abuse. And in many worst-case scenarios; ended in the murders of too many mothers and their children.

As of today, hundreds of women are still fighting for the return and safety of their children, after the family court ordered them to live and spend time with the violent parent who is, in the outstanding majority - the father.

There’s no denying that standing up for radical change in a position of power and influence is significant, however the lack of accountability for what has and is continuing to unfold in the family court leaves many asking, “What about my kids” Who are the most important voice in this conversation. It’s great to announce a call to action to end male violence but what about the mothers and children who have been subject to this violence at the hands of the court?

Speaking at the No to Violence National Conference titled, Leading Radical Change: A Call to Action to End Men’sFamily Violence, the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1 and Division 2) (the Courts), the Hon William Alstergren AO, joined a chorus of experts and leaders calling for action to end family violence.

“As a male who holds a leadership position, in an area that sees some of the worst of gendered violence, I feel compelled to be part of the push for change,” says Mr Alstergren.

“The message needs to be clear that family violence is just not on, and that it shouldn’t occur…. We need to prevent this behaviour, and it is men and healthy male role models, who have the biggest role to play. What better legacy to leave,than to pave the way for a generation of men who embody healthy masculinity? We can do that.” Chief Justice Alstergren said.

Francis, a mother with lived experience acknowledged the Chief Justice in stating that Domestic Violence is not just in the Family Courts. She (Francis) went on to express that without a Judicial Commission to address the corruption that has occurred and that still continues to occur in the family court system this is just another empty set of words.

“The reforms need to occur not only in the family courts but also in the Departments of Communities and Justice,  NSW Health PARVAN that is there to prevent abuse of children which it is currently failing to do along with the Family Courts working with a police force that is also Trauma informed and Domestic Violence trained!”

The Chief Justice also took the opportunity to explain, in detail, how the Courts have changed to drastically improve court responses to family violence, which included the engagement last year of the Courts’ Director – Family Violence, Access, Equity and Inclusion, Ms Hayley Foster.

Ms Foster said significant structural, legal and cultural changes have been made in recent years, and the Courts are drivento continue that change and progress.

Extensive training and education have been, and continue to be, a major focus for the Courts.

“We are committed to ensuring our people are equipped with the necessary knowledge and skills to interact with families in a family-violence informed, trauma-informed way that is culturally safe and inclusive of all Australian families,” Ms Foster added.

The lingering question now is - When will the Chief Justice of the Federal Circuit and Family Court of Australia apologise to the families whose loved ones have been murdered while being engaged with the Federal Circuit and Family Court of Australia? And, when will he return children to their safe parents?

*Name has been changed to protect the lived experience voice and personal safety