Family violence allegations feature in a huge chunk of parenting litigation and the Court’s job is to tease out what’s coercive control (or another form of family violence) from what’s honest disagreement between parents.
In Pickford & Pickford, the Full Court of the Federal Circuit and Family Court of Australia took a deep dive into this challenging question.
The Backstory
The parties in Pickford were a separated couple with two children (9 and 6 years old). After lengthy litigation, the trial judge made final parenting orders giving the mother sole parental responsibility and restricting the father’s time with the children.
The court further found that the father had engaged in coercive and controlling conduct amounting to family violence against the mother.
Unsurprisingly, the father appealed, arguing major legal and factual errors in the trial judge’s findings. One of which was that the evidence did not support a conclusion of family violence in the form of coercive control.
What the Full Court Said
The Full Court’s decision is a useful compass on how ‘family violence’ should be understood in this context.
Two key themes emerged:
1. Not All Conflict Is Family Violence
There was plenty of parental conflict but conflict alone doesn’t automatically equate to family violence. The justices agreed that merely refusing to consent to a particular parenting arrangement or vigorously asserting legal rights in litigation is not, by itself, coercive control. Put simply: legal disagreement is not in itself family violence.
As one judge observed, “one litigant does not commit family violence against another litigant just by refusing to consent or submit to orders for which the opponent applies.”
This distinction is crucial for family law practitioners and clients alike. Allegations of family violence need to be supported by evidence of conduct that genuinely coerces or controls in the statutory sense, not merely evidence of robust parental (or even litigious) disagreement.
2. How the Court Interprets ‘Family Violence’
Section 4AB of the Family Law Act 1975 defines family violence broadly. It reaches behaviour that coerces or controls a family member or causes them to be fearful.
In Pickford, different judicial perspectives emerged on how broad that definition should be:
The majority view of the justices determining the case, emphasised that “family violence” is necessarily broad and protective in nature.
Their focus was on the impact of behaviour, and they were cautious not to let overly narrow definitions tamp down protections for those at risk.
The dissenting view or narrower interpretation of the remaining judges was that conduct should be evaluated objectively. That is coercive control must be demonstrated through the nature of the behaviour itself, not solely based on one party’s subjective experience or isolated incidents of conflict.
Practical Takeaways for Families:
Pickford offers key compass points when dealing with coercive control in the legal sense. It highlights that
🔹 Parental conflict and family violence: Robust disagreements, even if emotionally charged, aren’t automatically coercive or controlling.
🔹 Objective analysis is essential: Court findings must be grounded in evidence showing actual coercive or controlling conduct, not just perceptions of it.
🔹 Context matters: Judges must look at behaviour in its full context and assess impact, not just isolated acts.
🔹 Allegations carry weight: Because family violence findings are relevant to best-interests assessments for children, framing and proof really matter.
Why Pickford Matters
Carefully prepared evidence and affidavit material is often crucial to proving coercive control under the Family Law Act, which is often described as a pattern of behaviour or a serious of acts viewed as a whole.
Get advice before you act.
Contact Coastal Lawyers for clear, practical family law advice tailored to Central Coast families.
As former prosecutors and police officers Coastal Lawyers have extensive experience is providing trauma informed legal advice and strategies to Central Coast residents where family violence and coercive control are a significant feature.
Reminder: The above is legal information only and is not a substitute for obtaining tailored legal advice addressed at your unique family and situation.
When it comes to family law disputes, many people come to mediation after months of lawyer assisted negotiations or discussions between themselves.
By then, they’re often firmly attached to their legal “rights” and positions. While knowing your rights and understanding the strengths and weaknesses of your case is absolutely essential, mediation requires a different mindset.
Instead of focusing on winning or losing, mediation works best when both parties are willing to move from their starting positions.
A successful mediation isn’t about victory; it’s about compromise. In fact, the hallmark of a good outcome is that both parties leave feeling a little disappointed. A sense of “I could’ve got more.” That’s not failure; that’s balance. It means both of you sacrificed something in order to reach an agreement.
Why Compromise is Worth It
So why agree to something less than your “ideal” outcome? Well in my experience as both a seasoned family lawyer and an Accredited Family Dispute Resolution Practitioner is there are four main reasons:
1. Cost
Litigation is expensive. You might fight over $10,000, but by the end of a drawn-out case, you could spend $100,000 to $150,000 in legal fees if it goes to a full final hearing. Mediation allows you to resolve matters far more affordably.
2. Emotional Wellbeing
The toll of conflict isn’t just financial. Prolonged disputes can deeply affect your mental health and wellbeing.
More importantly, if children are involved, ongoing parental conflict can be profoundly damaging. Research shows extended exposure to conflict can even alter a child’s brain development. No parent wants to look back and realise that legal battles over dollars and cents cost their children peace of mind and stability.
3. Time
Court proceedings are rarely quick. Even after your first court date, which may take 6 to 12 weeks to arrive you’re often simply sent back to further directions, mediations, report preparations or adjournments. It’s common for matters to drag on for 18 months or more. By contrast, a mediated agreement can be drafted into consent orders and finalised within weeks or months depending on the complexity and issues in dispute.
4. You get to decide
What many do not realise is that when you go to court and are involved in litigation. You are paying for a judge to decide what should happy to your family and your finances. In mediation however, you get to maintain control over what happens. When you are involved in litigation, who ‘wins’ will depend on who presents the best evidence on the day(s) of the trial and how the judge assigned to your case assesses that evidence.
The Harsh Reality of Litigation
If mediation fails, litigation often becomes the next step. But here’s the reality:
Over time, costs escalate while assets often depreciate. You are already losing.
Conflict tends to increase, not decrease.
Litigation fatigue sets in, leaving families drained financially and emotionally.
The court process is slow, and the “big day” in front of a judge may be years away.
In many cases, the final court order looks very similar to what could have been achieved in mediation years earlier or sadly worse because now emotionally and financially a toll has been taken.
When Court is Necessary
The court system is crucial for keeping families safe. If there are serious concerns like family violence, abuse, or unacceptable risks to children, the court is the best place to ensure protection and accountability. In those circumstances, litigation is not just appropriate but essential sometimes. This is where having an experienced family lawyer is crucial to understanding your particular unique case and needs.
However, in cases involving modest asset pools such as a home, cars, superannuation, and savings mediation often provides the fastest, least damaging path forward.
Final Thoughts
Mediation isn’t about giving up your rights or “losing.” It’s about making a clear-eyed, practical decision for the sake of your finances, your wellbeing, and most importantly your children. By approaching mediation with the right mindset, you give yourself the best chance of moving forward sooner, lighter, and with less regret.
If you would like to learn more about mediation, this blog post is written by Kristal Naividi of Olive Mediation and you can find out more at http://www.olivemediation.com.au
Navigating family law matters like divorce, parenting arrangements, property settlements, and Apprehended Violence Orders (AVOs) can feel overwhelming, especially when emotions run high. Thankfully, resources like Women and Family Law, published by the Women’s Legal Service NSW, provide clear, accessible information to help individuals understand their rights and responsibilities.
What is Women and Family Law?
Women and Family Law is a plain-English guide to family law in New South Wales, designed to break down complex legal concepts into straightforward language. Whether you are facing separation, negotiating child arrangements, or seeking protection through an AVO, this resource provides practical advice and guidance.
The guide specifically focuses on issues relevant to women but is a helpful tool for anyone going through family law processes.
Key Topics Covered
Divorce
The guide explains the “no-fault divorce” process in Australia and what you need to prove (12 months of separation) to apply for a divorce. It outlines the steps involved and what to expect during the process.
Parenting Arrangements
After separation, decisions about where children will live and how parents will share time can be challenging. Women and Family Law provides guidance on how the best interests of the child are determined and the importance of parenting plans or court orders.
Property Settlements
Dividing property after separation can be complex. The guide walks through factors the court considers, including contributions made by both parties (financial and non-financial), future needs, and superannuation splitting.
Apprehended Violence Orders (AVOs)
For individuals experiencing domestic or family violence, the guide explains the purpose of AVOs, the process for applying, and how these orders provide protection.
Who is the Guide For?
This resource is ideal for individuals going through separation, divorce, or parenting disputes who need clear and concise legal information. It empowers women (and others) with knowledge so they can make informed decisions about their legal options.
The Women and Family Law guide is particularly helpful for those who may not have access to immediate legal advice but want to understand the family law process in NSW.
Where Can You Access the Guide?
The 13th edition of Women and Family Law was published in May 2024 and is available online for free as a PDF eBook.
While the guide is a great starting point, personalized legal advice can help you take the next steps with confidence. At Coastal Lawyers, we specialize in family law matters, including:
Divorce
Parenting Arrangements
Property Settlements
Protection Orders
If you have questions or need legal advice, book a Family Law Consultation today:
Family law matters often come at some of the most stressful times in a person’s life. Resources like Women and Family Law play a crucial role in supporting individuals with the tools and knowledge they need to navigate these challenges.
If you’re going through a separation, managing parenting disputes, or seeking help with property settlements or AVOs, this guide is an excellent starting point.
Empower yourself with knowledge and take the next steps with confidence.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Navigating the family court system can be overwhelming, and on top of everything else, there’s the matter of paying hearing fees. If you’re unsure how to go about it, don’t worry—you’re not alone. Here’s a straightforward guide to help you through the process.
Step 1: Receiving Your Statement of Fees
Once you receive your statement of fees, it will include a Payment Identification Number (PID). This PID is your key to making the payment quickly and efficiently.
Step 2: Making the Payment
The easiest way to pay your fees is through the Family Law Fees eServices portal. Here’s what you need to do:
Enter your PID number as listed on your statement of fees.
Follow the prompts to complete your payment.
It’s as simple as that.
Step 3: Payment Options in Registries
If you prefer to make your payment in person, you can do so at the court registries. Payment methods accepted include:
Eftpos
Debit Card
Credit Card
Alternatively, if you’re sending your payment by mail, you can use a Visa or Mastercard (credit or debit).
Using the Credit Card Payment Form
When paying by credit card, especially if you’re mailing your application or request, don’t forget to include the Credit Card Payment Form. This form is available on the Forms page of the Federal Circuit and Family Court of Australia (FCFCOA) website.
A quick tip—do not fax the form unless the Court has specifically requested you to do so. It’s crucial to follow this to ensure your payment is processed correctly and without delays.
Final Thoughts
Paying hearing fees may seem like just another item on a long list of to-dos, but it’s an important step in moving your case forward. By following these simple steps, you can handle this process smoothly and get back to focusing on what matters most—your case.
Need Help?
If you’re feeling overwhelmed by the legal process, contact Coastal Lawyers today to book a consultation. We’re here to guide you through every step and provide the support you need during this challenging time.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this blog is for informational purposes only. It is not a substitute for legal advice. For tailored guidance, book an obligation-free appointment with Coastal Lawyers online.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Family law fees in the Federal Circuit and Family Court are set to increase starting July 1, 2024.
Here’s a quick rundown of what you need to know.
Key Changes in Fees:
Divorce Applications:
Current: $1,060
New: $1,100
Reduced Fee: From $350 to $365
Consent Orders:
Current: $195
New: $200
Decree of Nullity:
Current: $1,505
New: $1,560
Reduced Fee: From $500 to $520
Initiating Applications:
Parenting or Financial (Final only): From $410 to $425
Parenting or Financial (Final and Interim): From $550 to $570
Parenting and Financial (Final only): From $670 to $695
Parenting and Financial (Final and Interim): From $810 to $840
Court Event Fees:
Setting Down for Hearing (Defended Matters):
Division 2: From $745 to $770
Division 1: From $1,010 to $1,045
Daily Hearing Fee (Each hearing day, excluding the first):
Division 2: From $745 to $770
Division 1: From $1,010 to $1,045
Conciliation Conference: From $465 to $480
If you hold certain government concession cards or can demonstrate financial hardship, you may be eligible for reduced fees on applications for divorce or decrees of nullity.
What This Means for You?
These changes mean a slight increase in costs, so it’s important to plan accordingly if you have ongoing or upcoming family law matters. We’re here to help you navigate these changes and ensure you’re fully informed and prepared.
Need Assistance?
If you have any questions or need assistance with your family law matters, don’t hesitate to contact us. Our team at Coastal Lawyers is ready to provide the support and guidance you need.
Contact Us:
Email: reception@coastallawyers.com.au
Phone: 1300 271 289
Stay informed and prepared with Coastal Lawyers by your side.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Uniting offers comprehensive aged care services, ensuring the elderly receive appropriate care and support.
Catholic Care
Referral:
Phone: 1800 324 924 or Email: info@catholiccaredbb.org.au
Family Services
Child and family support
Parenting programs
Early learning and childcare
Domestic violence support
Counselling
Professional counselling services are available for individuals and families in need of emotional and psychological support.
Financial Support
Vouchers for groceries
Vouchers for clothing
Financial counselling
Aged Care Services
Catholic Care provides respite services to give temporary relief to primary caregivers of the elderly.
Central Coast Family Support Services
Referral: 4340 1585
Family support programs
Youth parent program
Grandparents raising grandchildren program
Children with additional needs program (assistance with NDIS, parenting children with disabilities, information about relevant services)
Mosaic Multicultural Connections
Referral:
Phone: (02) 4334 3877 or Email: cc@nsservices.com.au
Mosaic Multicultural Connections offers programs, support, and assistance to multicultural communities in settlement, families, young people, aged care, and community development.
Government Agencies
Child and Family Health
Referrals:
Perinatal Intake line: 4328 7901
Family Care Cottage
Services with child and family health nurses and social workers for 0 – 5-year-olds and their carers.
Pregnancy support
Counselling
Sleep and settling assistance
Feeding issues
Group programs – Circle of Security and Tuning into Kids
Services for 5 – 12-year-olds (Primary school age) provided by a clinical therapy team consisting of social workers, clinical psychologists, and a perinatal, child, and adolescent psychiatrist.
Family therapy
Child behavioural issues
Parent group programs – Circle of Security and Tuning into Kids
Child group programs – Anxiety, social skills, and anger (parent component completed alongside child group program)
Parent Child Interaction Therapy (PCIT)
Occupational Therapy
Referral:
Requires a written referral from a health professional. Fax to: (02) 4328 7925 or Email: CCLHD-ChildHealth-OT@health.nsw.gov.au
Services for children aged 0-12 years focusing on:
Development
Gross motor skills
Fine motor skills
Self-care (dressing, eating, toileting, and sleep)
Playing
School (handwriting, organization, and getting ready)
Speech Pathology
Referral:4328 7999
Services for children aged 0-16 years focusing on:
Eating and drinking
Word and sentence use
Speech
Use of voice
Headspace
Referrals:
Gosford – 4304 7870
Wyong – 4394 9180
Lake Haven – 4394 9100
Services for 12 – 25-year-olds:
Youth mental health services (mild to moderate mental health issues)
Youth drug and alcohol services
LGBTQI+ support
Work and study support
Work Development Orders
Online and phone support
Parent group programs – Tuning into Teens
Are you or someone you know in need of support? Access a wealth of services from our dedicated community partners. From family services, mental health support, and aged care to programs for children, youth, and multicultural communities, help is just a call or email away. Don’t navigate these challenges alone—reach out today and connect with the resources designed to assist and empower you.
Get the support you need now!
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
![Case Note: Pickford & Pickford [2024] FedCFamC1A 249. Where Parental Conflict and Family Violence Part Ways](https://i0.wp.com/coastallawyers.com.au/wp-content/uploads/2024/11/28.png?resize=1080%2C675&ssl=1)
