A controversial new model based on world-first research recommends that the Family Court become a specialised family violence asessment centre.

A major Monash University study has proposed that the Family Court in Victoria play a more formal role in handling child abuse cases.

The study, Violence in Families: The Management of Child Abuse Allegations in Custody and Access Disputes Before the Family Court of Australia , found that while the Family Court was originally set up to deal with the dissolution of marriages and consequent decisions regarding property and child custody and access, more than half the children's cases in the Court at any one time now involved child abuse, mostly physical and sexual violence.

The research team, which comprised Professor Thea Brown, Ms Lesley Hewitt, and Dr Rosemary Sheehan, from Monash's Department of Social Work, and Associate Professor Margarita Frederico from the Australian Catholic University in Canberra, found that child abuse cases had become the "court's core business", due to the length of time and resources required to resolve them.

Professor Brown said the report recommended that the Court become a specialised child abuse and family violence assessment centre to shorten the time disputes were before the Court, thereby reducing the distress of children as well as saving the community millions of dollars.

New model

The study proposes a controversial model to improve the handling of child abuse cases in the Family Court. It recommends that the Family Court undertake its own investigation of child abuse allegations, due to the length of time it took state child protection workers to respond to court requests, and the veiled nature of their reports.

"Our research found that where the Family Court was proactive and took the initiative for planning, coordinating and adjudicating child abuse cases, it was at its most successful in resolving the problems," Professor Brown said.

The report, conducted over three years, recommends the use of Family Court Counselling Welfare Reports and separate legal representatives for children, which is contrary to current Federal Government policy directions.

The research is the first of its kind worldwide and represents the first attempt to research the handling of the entire range of child abuse allegations by family courts.

It was undertaken at two Family Court registries in Melbourne and Canberra from 1994 and 1996, and analysed 200 custody and access cases where child abuse had been alleged, in addition to 100 other cases without abuse allegations.

A valuable resource

Researchers also observed cases proceeding through the Court, and interviewed staff of the two registries as well as related agencies, including state child protection services.

Launching the report, Chief Justice of the Family Court of Australia The Honourable Alistair Nicholson AO, RFD, said it would be a valuable resource in dealing with a complex problem.

"This joint venture between Monash University and the Family Court has provided pragmatic operational perspectives, theoretical work and empirical data which is invaluable in tackling such a difficult problem," he said.

As a result of the study, the Melbourne registry of the Family Court will embark on a pilot project centring on the special case management of about 100 child abuse cases.