“Courts are not … therapeutic agencies”: What role for therapeutic jurisprudence in Australian family law parenting disputes involving family violence?

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 behavioral 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.