Section 4AB of the Family Law Act 1975 (Cth) defines family violence to be:
‘violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful’
In Pickford & Pickford [2024] FedCFamC1A 249, the Full Court considered whether parental conflict constituted family violence, specifically coercive control, in the father’s appeal of final parenting orders. The Full Court ultimately held that primary judge had erred by finding that the father engaged in coercive control over the mother, by refusing to consent or submit to orders sought by her.
Austin and Williams JJ noted that while there was significant parental conflict, not all conflict amounts to family violence or coercive control. They emphasised that mere disagreement or tension between parents, even if vocal, does not automatically constitute coercion or control. They cautioned against interpreting every form of parental conflict as family violence, highlighting that such claims must be supported by objective evidence.
Aldridge and Carew JJ also distinguished between conflict and coercive control. They argued that coercive control often involves complex and subtle behaviours that create an impossible dynamic for the other party. They highlighted the importance of focusing on the behaviour’s impact, rather than subjective feelings or isolated actions. Parental conflict alone, without clear evidence of control, should not be treated as coercive behaviour.
McClelland DCJ agreed with Aldridge and Carew JJ, emphasising that while coercive control can be subtle, it requires more than just conflict or the perception of control—it must be demonstrated through the behaviour’s impact and context.
Ultimately, the judges agreed that parental conflict and family violence are not one in the same thing and trial judges need to evaluate allegations of coercive and controlling conduct by undertaking a forensic examination of all relevant evidence.
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