Family court

No one should have to be cross-examined by their abuser

WIN! The Government finally passed a hugely important reform that will protect victim-survivors in Family Court. This campaign came about because of the incredible bravery and advocacy of Eleanor, a survivor of family violence who asked Fair Agenda members to stand with her and the Women’s Legal Services Australia to build pressure on the Government to update these laws. Thank you to all the Fair Agenda members that were part of the campaign supporting this important reform!

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Right now there are no legal protections in place to stop abusive ex-partners from cross-examining those they have abused in family courts.1 As Eleanor, the survivor leading the call to change this horrifying system explains, this cruel gap needs to be addressed:

"The day I stood on the stand and was forced to answer the questions of a man who had sexually assaulted and abused me for over a decade were a massive slap in the face. And that horrific experience was a major obstacle in my recovery from the trauma of my abuse. No person should have to be cross-examined by the person who sexually assaulted and beat them.” 

Eleanor's local MP has just raised this issue in federal parliament - now Eleanor is asking for your help to build enough community pressure to push Attorney-General George Brandis to address this cruel system. Can you sign the petition and stand with Eleanor?

If you or someone you know is experiencing family violence or sexual assault, you can call 1800 RESPECT on 1800 737 732 for 24/7 support. If you are in immediate danger call 000.

Click here for more information

Under Family Court rules, people without legal representation can currently cross-examine their former partner.2

State and territory courts already have rules in place to make sure this can't happen, but the federally governed family court hasn't yet caught up. Last December the Productivity Commission recommended the law be changed – but the Attorney-General still hasn't responded to the recommendation.3

-References-

1, 2, 3. Victorian MP pushing to end Family Court cross-examinations by abusive ex-partners, ABC News, 19 October 2015.

5,441 SIGNATURES SO FAR

To Attorney-General, Senator the Hon George Brandis QC,

We call on you to urgently introduce a law to prevent abusers from cross-examining their victims in family court. 

Signed,

* required fields

Latest activity

John , 2122  /  signed 2015-10-21 14:38:06 +1100
Tim , 6285  /  signed 2015-10-21 14:37:25 +1100
"Surely there must be better ways to obtain evidence & testimony than having the abuser continue a pre-established & awful pattern of behavior toward the victim during the court proceedings!"
Mike , 5126  /  signed 2015-10-21 14:36:48 +1100
Hilary , 3072  /  signed 2015-10-21 14:36:04 +1100
Jo , 3922  /  signed 2015-10-21 14:35:05 +1100
Allison , 5076  /  signed 2015-10-21 14:34:25 +1100
"My exuded the threat of family court to black mail me into staying with him. When I divorced him, he followed through with his threat. The family court enabled his abusive behaviour by letting him get away with non disclosure while making me disclose. Having to read and respond to his endless affidavits that were full of BS and made up allegations designed to bring me down was a full time job and extremely distressing. I did not feel safe. I did not feel protected. I was, like so many others, abandoned and let down by broken system. Things MUST change!!"
Gina , 3860  /  signed 2015-10-21 14:33:40 +1100
"The family law court doesn’t seem to have improved much in the 34 years since I went through the system."
Barbara , 2478  /  signed 2015-10-21 14:32:20 +1100
"Justice depends on sexually assaulted partners NOT to be required to be cross-examined by their abuser."
Sue-Ellen , 3023  /  signed 2015-10-21 14:31:42 +1100
"Abuse is a big enough challenge to overcome without having to be subjected to your abuser interrogating you about it. Court is a stressful enough journey without this. It’s time this government put their policy where there propaganda is and legislated to protect these women."
Caron , 6169  /  signed 2015-10-21 14:31:24 +1100
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