Coercive control refers to a pattern of behaviour in which one partner seeks to control and dominate another through intimidation, manipulation and psychological abuse. It can include tactics such as isolation from friends and family, monitoring activities, financial control, and emotional manipulation. This form of abuse is often subtle and can be difficult to recognise but it can serious effects on the victim’s mental health and well-being. If you or someone you know are experiencing coercive control, it may be helpful to seek support from professionals or organisations that specialise in domestic and family violence.
Recent changes to the Family Law Act in Australia now recognise coercive control in the context of domestic and family violence. These changes now mean that laws have been implemented to specifically define and criminalise coercive control, acknowledging the impact on victims and the need for legal protection.
These changes aim to provide better support for victims and ensure that coercive control is taken seriously in legal proceedings, such as custody disputes and protection orders.
Other recent changes in the Family Law Act will have to consider the history of family violence, and discontinuing the ‘assumption of equal shared responsibility’, which has now been abolished. This is one of the most important changes to consider when creating parenting arrangements/plans since 2006. This legislation was being misinterpreted to mean both parents should see the child for an equal amount of time, which was frequently not in the best interest of the child.
There are several factors that must be considered when creating a parenting plan and they are:
- The safety of the child
- The child’s views
- The benefit of having relationships with both parents
- The child’s developmental, psychological, emotional and cultural needs
Factors that have been removed when considering a parenting plan are:
- The lifestyle and background of a child and their parents
- The attitude to parenthood demonstrated by each parent
- How will the change in circumstance affect the child?
- The parent’s prior efforts to spend time with the child
For more advice on coercive control, contact me.
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