Under Section 4AB of the Family Law Act 1975[1], the Australian legal framework specifically addresses coercive control as a form of abuse in the context of family law, especially within domestic violence and family violence cases.
Section 4AB acknowledges that coercive control can be a form of family violence and includes behaviours that might not always involve physical violence but still cause significant harm and control over a person. This section helps define coercive control legally and allows the courts to recognize these behaviours in family law matters.
Key Aspects of Section 4AB:
- Definition of Family Violence:
Section 4AB extends the definition of family violence beyond physical harm to include a pattern of controlling behaviours that cause someone to fear for their safety or wellbeing. This can include emotional, psychological, and financial abuse—all of which are essential elements in understanding coercive control. - Controlling and Dominating Behaviours:
Section 4AB highlights that family violence involves behaviours such as isolation, manipulation, and controlling another person’s ability to make decisions. This also includes limiting access to resources like money, employment, or freedom of movement, all of which can be part of coercive control. - Economic Abuse:
The Family Law Act recognizes that economic abuse is a key form of coercive control. This can include controlling someone’s access to money, making it difficult to maintain financial independence, and using money as a tool to control decisions within the relationship. - Impairing Freedom and Independence:
Coercive control, as described in Section 4AB, specifically refers to a behaviour pattern that restricts a person’s freedom, forcing them into dependence and reducing their ability to live independently or make their own decisions. This might manifest in several ways, such as preventing someone from attending work, stopping them from seeing friends or family, or even controlling their access to communication devices. - Impact on Children:
The section also emphasizes that coercive control and economic abuse may impact children, not only through the emotional harm it causes but also through the direct effects on their welfare, safety, and well-being. For example, children can be exposed to violence or coercive behaviours that affect their sense of security and safety. - Legal Recognition of Coercive Control:
Section 4AB ensures that courts consider the broader context of family violence when making decisions about parenting, custody, and protection orders. This includes recognizing patterns of non-physical abuse, which can be as harmful and damaging as physical violence in shaping the emotional and psychological well-being of the affected individuals.
Integrating Coercive Control with Family Law Protections:
Coercive control, as outlined in Section 4AB of the Family Law Act, provides a legal foundation for protecting individuals from ongoing manipulation, isolation, and control within family relationships. This legal recognition allows victims to seek protection through the courts, whether that means applying for intervention orders, parenting orders, or other legal remedies aimed at ensuring their safety and well-being.
Practical Implications:
- Parenting Orders: When coercive control is present, courts may consider it when deciding on parenting arrangements, ensuring that children are not exposed to harmful or controlling behaviour.
- Financial Settlements: The courts may also take coercive control and economic abuse into account when dividing property or awarding spousal maintenance, acknowledging the financial impact and control exerted by the abusive party.
Recognizing the Signs of Coercive Control
As detailed earlier, coercive control can include a variety of tactics such as:
- Restricting your access to money or employment
- Demanding to know how you spend money or where it goes
- Forcing you to take on debt
- Preventing you from accessing your financial accounts
- Using your financial situation to control your decisions
In legal terms, these behaviours are considered family violence under Section 4AB, even if physical violence is not present.
This addition of coercive control and economic abuse into the Family Law Act through Section 4AB allows the law to more fully protect individuals from all forms of abusive behaviour that restrict freedom, independence, and safety. It ensures that the legal system addresses both the immediate harm and the long-term impact of control in family relationships[2].
[1] Family Law Act 1975 (Cth), s 4AB, FAMILY LAW ACT 1975 – SECT 4AB Definition of family violence etc.
[2] Understanding coercive control and economic and financial abuse, www.ag.gov.au, Understanding coercive control and economic and financial abuse | Attorney-General’s Department
