Australia's Fragmented Family Law System: Jurisdictional Overlaps in the Area of Child Protection

Abstract

This article presents an empirical study of jurisdictional overlaps in the area of child protection. The study comprised a qualitative analysis of two samples of cases drawn from the Children’s Courts of two state jurisdictions (Victoria and the ACT). Cases from each sample were then tracked in the federal Family Court of Australia. The study found that in over two thirds of the cases the relevant child protection authority withdrew from the Children’s Court proceedings and moved the matter to the Family Court. This was done on the basis that a “viable carer” had been identified and that carer had obtained, applied for, or was willing to apply for Family Court orders.

Keywords: Australia, Child custody, child protection, Concurrent jurisdiction, Federalism, family law