Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Family Dispute Resolution Screening and Assessment

Screening and Assessment Framework

The Family Law Regulations require family dispute resolution practitioners to be satisfied that an assessment has been conducted, and that family dispute resolution is appropriate, before they commence the process.

As well as ensuring a matter is appropriate for family dispute resolution, screening and assessment assists family members to have their needs identified and, where safety concerns are identified, that appropriate actions can be taken to protect those who are affected.

The Australian Government Attorney-General’s Department commissioned the development of a Screening and Assessment Framework to provide guidance to staff in the Family Relationship Centres. The framework is also used by the Family Relationship Advice Line. The Framework describes the good practice principles underpinning screening and assessment and gives guidance in screening and assessment. Such principles and guidance may be useful for family dispute resolution practitioners in other settings.

For a copy of the framework, download:

Risk Domains

The Framework identifies three domains of risk-to-safety posed by clients, and to those associated with them (usually the partner or ex-partner):

  • domestic and family violence and violence towards others
  • child abuse or abduction, and
  • self-harm.

Early screening questions include:

  • do you have any reason to be concerned for your own safety or the safety of your children?
  • do you have any other worries about your children at the moment?
  • do you have any reason to be concerned for the safety of anyone else?

While screening for the presence of violence may help identify cases where there are safety issues, a single screening process cannot be relied upon to fully identify a history of, and potential for, violence and abuse. Victims may not perceive the abuse they have lived with as violence, may not feel comfortable reporting their experiences because of shame or embarrassment, may underestimate the severity of the situation, fear they won’t be believed or that their children may be removed from their care. It could be that victims of violence are too afraid to disclose violence for fear of reprisal from their ex-partner.

Intake for Family Dispute Resolution

The Screening and Assessment Framework lists indicators of domestic and family violence, child abuse and abduction, and self harm, along with examples of questions that can be used to discuss these issues.

To maximise safety, comprehensive screening and assessment at the intake stage will determine whether a joint session is:

  • considered a suitable process
  • considered suitable, but only if it is conducted with special conditions attached to the process, and to which both clients are willing to agree to and cooperate with, or
  • not considered a suitable and/or safe process.

Even where a client’s situation is not suitable for a joint session at the present time, they may be able to participate at a later time. It may be that a referral to another organisation is more appropriate at the current time, for example to a counselling service.

Family Violence and Family Dispute Resolution

Some clients who have been victims of violence may feel there are benefits to participating in family dispute resolution rather than going to court. Where there has been a history of violence, family dispute resolution must be conducted in a way that is fair and provides for safety (before, during and after the sessions).

The following practices will assist clients to disclose domestic or family violence1:

  • being asked specific questions about abuse or violence
  • being asked about non-physical types of abuse, harassment or attempts at intimidation
  • being asked about abuse or other concerns face-to-face — not just through filling out a form
  • being interviewed separately from the ex-partner at intake/pre-family dispute resolution
  • being given an explanation as to why talking about abuse or its impact is important in the context of family dispute resolution
  • being informed of the importance of disclosure to ensure appropriate support is provided during the family dispute resolution session, and
  • having the family dispute resolution practitioner demonstrate understanding of the client’s specific concerns.

Screening and assessment should be linked to the provision of safety plans in the event that risk is identified. Such safety planning may include linkages with other services such as domestic violence crisis services.

Ongoing Screening and Assessment

A good practice principle in screening and assessment is that it is an ongoing process throughout the client contact. In addition to the screening and assessment undertaken at the intake stage, it should continue to be done, if not formally then ‘in the background’, at each point of contact with the client when there is the possibility that circumstances might have changed so that the type, or level or risk or need, may have altered.

Supervision

Another good practice principle is that all staff conducting screening and assessment should receive regular professional supervision to ensure they are working in a way which accords with good practice, and to address other practice issues. The supervision should be:

  • provided by a suitably qualified and experienced supervisor
  • conducted individually or, where appropriate, in a supervisor-facilitated group, or, where specialists or professionals are suitably experienced, in a peer group, and
  • based on individual needs for supervision.

1Footnote: Based on research undertaken by Keys Young (1996). Research/Evaluation of Family Mediation Practice and the Issue of Violence. Canberra: Commonwealth Attorney-General’s Department.