From the Chief Justice
It has been two years since the Courts implemented Lighthouse to address both the legal and wellbeing needs of families experiencing family violence in the context of relationship breakdown. Lighthouse has reflected the Courts’ commitment to identifying risk early, and prioritising the safety and wellbeing of vulnerable parties and in particular their children. It is only through understanding and assessing the safety risks present that the Courts are able to take account of those risks, and put in place arrangements for children that are safe for their care and in their best interests. This is a world-leading approach to family law case management, and our Courts are proud to have incorporated this innovative process into the way we do our work for all parenting cases.
The success of Lighthouse can be attributed to the model’s grounding in evidence-based processes, and the immense skill of the judicial officers, social science experts and other staff who have combined their knowledge and expertise to not only shine a light on risk, but illuminate a pathway through it for the most vulnerable families.
The Honourable Justice William Alstergren
Chief Justice (Division 1) | Chief Judge (Division 2)
Federal Circuit and Family Court of Australia
Continued support and engagement
Since Lighthouse expanded to 15 family law registries:
- over 17,000 parties have completed the Family DOORS Triage risk screen
- over 12,000 case file reviews have been conducted by Triage Counsellors, and
- over 3000 matters have been placed on the Evatt List.
Data also shows that for those risk screening:
- 61% of parties are initially classified as high risk
- 78% of eligible matters have at least one party completing the risk screen, and
- 59% are completed by Applicants and 41% are completed by Respondents
A significant proportion of matters that screen also involve First Nations party(s). 1 in every 15 matters screening include at least one First Nations party.
On the second anniversary of its introduction, Lighthouse continues to shine a light on the risks that parties are experiencing. Overwhelmingly, the majority of parties screened are reporting multiple risk factors in the risk screen, including 64% identifying that they had experienced family violence, 56% indicating child abuse or neglect, 38% indicating alcohol and/or drug misuse and 34% indicating a mental health concern. Importantly, through Lighthouse we understand that parties experience multiple forms of family violence with verbal, emotional and psychological abuse being the most frequently reported, followed by physical abuse. Lighthouse also continues to highlight the value for parties of confidential engagement with Triage Counsellors, who frequently receive positive feedback through their role in providing information and “warm referrals” enabling parties to receive support from external service providers/agencies.
Thank you for the support. It's a very confusing and stressful time and knowing we have support available makes it a little easier
– Party, June 2024
Family DOORS Triage enhancements
Family DOORS Triage1 is the risk screen that has been specifically developed for the Federal Circuit and Family Court of Australia (FCFCOA). The Courts completed significant work on enhancements to the existing Family DOORS Triage risk screen in November 2023.The updated risk screen promotes more accurate identification of types of family violence and enhances the voice and understanding of the experience of children. This included changes:
- to better capture incidences of coercive control through expanding the types of questions asked about family violence to better identify concerning patterns of behaviours;
- to better capture risks to children, including expanding the questions about specific risk types (physical, sexual, emotional/psychological safety and experiences of family violence), identifying whether any existing parenting arrangements are working and asking about areas of increased vulnerability and risk, such as serious health or developmental problems, and
- introducing a non-parent Family DOORS Triage risk screen for parties such as grandparents, aunts, uncles or kinship carers – with over 300 non-parent risk screens completed already.
These changes were made in consultation with Professor Jennifer McIntosh, the author of the original Family Law DOORs and Family DOORS Triage tools and were largely in response to feedback received by parties, particularly non-parent parties. Monitoring by the Courts and analysis completed by Professor McIntosh after the changes were implemented, indicates that the risk screen continues to be accurate in picking up those parties with high risk and who need additional support.
By completing the Family DOORS Triage questionnaire, parties are provided:
- An opportunity to self-identify risk;
- Responsiveness to serious risk issues;
- Online safety planning;
- Referrals to legal and social support (where appropriate); and
Placement on the most suitable case management pathway based on the identified needs and circumstances of their family.
Looking to the future
Continuing Lighthouse
Lighthouse is presently funded until 30 June 2026 as part of the National Plan to End Violence against Women and Children 2022-2032. The FCFCOA is eager to explore ways in which Lighthouse can be funded ongoingly and enhanced to ensure all parties can benefit from this unique initiative.
Furthermore, there are areas where the introduction of Lighthouse could be of significant benefit including in parts of remote and regional Australia. The existing model could also be enhanced to ensure parties who may be more at risk, including parties who identify as Aboriginal or Torres Strait Islander, parties from culturally and linguistically diverse backgrounds, and parties with disability have the supports needed to enable their engagement with risk screening and triage and throughout their matter. The FCFCOA would welcome exploring with Government ways in which Lighthouse can reach those communities, be developed and continue to support vulnerable parties and children.
Research
The Courts are excited to be working as a partner organisation for the research project Family Violence Triage in Family Courts: Safety, Efficacy and Benefit, following a successful application for an Australian Research Council (ARC) Linkage Grant by the research team led by Professor Jennifer McIntosh of The Bouverie Centre, La Trobe University. The research will provide more insight into creating safer outcomes for Australian families, after separation. Utilising the Lighthouse risk screening and triage program, the project aims to examine risk pathways, burdens and costs of post-separation family violence, and the efficacy and cost-benefits of early family violence triage.
Case Study
The following case study demonstrates how risk screening and triage support, and the Evatt List, assists parties and families where coercive and controlling violence is a key issue.
Facts
Both the Applicant and Respondent were invited to complete the Family DOORS Triage risk screen in proceedings seeking parenting orders in relation their six-year-old child. The Applicant did not complete the voluntary risk screen.
Following the invitation, the Respondent’s legal representative contacted the Lighthouse Team seeking additional support for the Respondent to complete the risk screen with their interpreter, over the phone. The Lighthouse Team was able to facilitate the request, and the Respondent completed the risk screen with appropriate supports in place the next day. The Respondent’s risk screen indicated high risk factors including significant coercive and controlling family violence, social isolation and risks to the subject child.
The Respondent was invited to complete a Triage Interview, which was attended with the support of an interpreter. The matter was then referred to the Evatt Judicial Registrar.
Following consideration of the matter the Evatt Judicial Registrar placed the matter onto the Evatt List and made the following orders:
- appointing an Independent Children’s Lawyer;
- preparation of a prioritised child impact report; and
- information sharing orders.
The information produced by the child welfare department revealed significant concerns of family violence and in particular risk of lethality. The matter was listed for interim hearing following completion of the Child Impact Report.
Outcome
As a result of the early completion of the risk screen and engagement with a Triage Counsellor, a referral was made for the Respondent to a culturally appropriate service. Information was also provided in the party’s preferred language, thus increasing the Respondent’s ability to access services. This was particularly important in this matter given the significant risk of lethality and feelings of isolation due to the Respondent having no immediate family present in Australia. Information was also provided on how to attend in-person court events safely.
Due to the risks present, the Evatt Judicial Registrar closely managed the matter, with regular monitoring. In addition, the acquisition of information by the Court through the State Police authority provided the Court and the Judicial Officer with an opportunity to consider relevant information and evidence in line with the parties' asserted needs and circumstances. As a result of very real safety concerns raised in material, the Evatt Judicial Registrar also liaised with the Senior Judicial Registrar to ensure safety planning was carefully coordinated for all court events.
At the interim hearing, and as a result of this early information gathering and procedural orders, the Judicial Officer was in a position to make interim consent orders to safeguard against the immediate risks to the subject child and Respondent. The matter was fully resolved within 12 months of filing.
Getting the most out of risk screening and the Evatt List
The Courts have published a number of resources for parties and practitioners on risk screening:
Detailed information about what to expect once a mater is placed on the Evatt List can be found in the Evatt List Guide for Practitioners and the Evatt List Guide for Parties.
Further Information
More information can be found on the Courts’ website:
If your agency or organisation would like an information session on Lighthouse and/or the Evatt List please contact Lighthouse@fcfcoa.gov.au.
Footnotes
1 The DOORS Triage Tool: (2023 Implementation Version). McIntosh, J.E, Lee, J., Welsh, E., Painter, F. & Ralfs, C, with contributions of the Federal Circuit and Family Court of Australia including Steele, B., Carmichael, J., and Evans, E., Unpublished Instrument. The Federal Circuit and Family Court of Australia, Canberra
