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“Courts are not … therapeutic agencies”786.49 kB
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Journal article
"Courts are not … therapeutic agencies" : What role for therapeutic jurisprudence in Australian family law parenting disputes involving family violence?
Family Court Review, Vol.64(1), pp.83-99
01/2026
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Abstract
This article examines the role of therapeutic jurisprudence in Australian post-separation parenting disputes involving family violence. A recent appellate court decision has asserted that " courts are not, and cannot operate like, therapeutic agencies ". We engage with the therapeutic origins of the Family Court of Australia, the family courts' role in the " web of accountability " for family violence, the potential for judicial officers to motivate behavioural change in litigants, and therapeutic approaches to family law in various jurisdictions, to suggest how Australia's family courts may embrace therapeutic jurisprudence to promote the accountability of people who use violence, and the safety of those who experience it.
Details
- Title
- "Courts are not … therapeutic agencies" : What role for therapeutic jurisprudence in Australian family law parenting disputes involving family violence?
- Creators
- Georgina Dimopoulos - Southern Cross UniversityEliza Hew - Southern Cross University
- Publication Details
- Family Court Review, Vol.64(1), pp.83-99
- Publisher
- Wiley; HOBOKEN
- Identifiers
- 991013252861302368
- Copyright
- © 2026 Association of Family and Conciliation Courts.
- Academic Unit
- Centre for Children and Young People; Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article