Trauma-Informed or Trauma-Ignoring? Bridging Policy and Practice for Child Safety in Family Violence Cases
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In this critical episode of Relational Practice: A Social Work Podcast, we centre the social work imperative: closing the harmful gap between progressive legal policy and inconsistent judicial practice in family violence matters.
We tackle the tension where the legislative shift toward safety meets the judicial default of contact, often at the expense of protective mothers and their children. We have intentionally taken a gendered position on this topic.
The Policy Promise: Shifting the Paradigm - We analyse the critical implications of the Australian Family Law Amendment Act 2023 and proposed UK changes, which explicitly mandate child safety as paramount and remove presumptions for equal time. This systemic change reflects an overdue recognition of risk. We review sobering ANROWS research that underscores intimate partner violence as a major risk factor for filicide, demanding a trauma-informed response from all systems.
The Practice Problem: The 'Contact at All Costs'- Default across both the public (Child Protection) and private (Family Law) dispute systems, we examine the persistent challenge where judicial officers frequently default to ordering contact (even supervised) with the violent parent, regardless of the documented history of harm. We question the social work ethics and rationale behind this pervasive 'contact at all costs' culture—a practice that often re-traumatizes children and severely undermines the efforts of protective mothers and social workers advocating for safety.
The Roadmap to Intervention: Reframing "Best Interests"- Referencing international trends, we argue that the judicial "best interests of the child" principle must be reframed through a trauma-informed lens to mean "safety at all costs" when violence is a factor.
We discuss the urgent need for:
- Systemic Cultural Change: Moving from risk management to genuine protection.
- Enhanced Tools: Better risk assessment frameworks for judicial decision-makers.
- Trauma-Informed Training: Essential skill-building for all judicial and legal professionals to understand the dynamics of violence and the experiences of children and protective women.
Join us as we advocate for the judicial and systemic reform necessary to ensure that the law’s promise of protection becomes a consistent, trauma-informed reality for children and their families
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Music by Hannah Park
Editing by Angus Pinkstone
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