In 2006, the Australian Government introduced a series of changes to the family law system. In broad terms, the aim of the reforms was to bring about "generational change in family law" and a "cultural shift" in the management of parental separation, "away from litigation and towards co-operative parenting". The changes were partly shaped by the recognition that the focus must always be on the best interests of the child and that many of the disputes over children following separation are driven primarily by relationship problems rather than legal ones and are often better suited to community-based interventions.

The policy objectives of the 2006 reforms were to:

1. help to build strong healthy relationships and prevent separation;
2. encourage greater involvement by both parents in their children’s lives after separation, and also protect children from violence and abuse;
3. help separated parents agree on what is best for their children (rather than litigating), through the provision by governments and other organisations of useful information and advice, and effective dispute resolution services; and
4. establish a highly visible entry point that operates as a doorway to other services and helps families to access these other services.

The purpose of this evaluation of the Australian family law system was to examine the extent to which the legislative and service sector changes brought about by the 2006 family law reforms were fulfilling the four core policy objectives of the reform package. 

 involved the collection of data from some 28,000 people involved or potentially involved in the family law system –including parents, grandparents, family relationship service staff, clients of family relationship services, lawyers, court professionals and judicial officers – and the analysis of administrative data and court files. It provides an extensive evidence base about the use and operation of the family law system in Australia (and arguably internationally) than has previously been available.

The evaluation evidence is that the 2006 reforms to the family law system have had a positive impact in some areas and have had a less positive impact in others. Overall, there is more use of relationship services, a decline in filings in the courts in children’s cases, and some evidence of a shift away from an automatic recourse to legal solutions in response to post-separation relationship difficulties.

This evaluation has highlighted the complex and varied issues faced by separating parents and their children and the importance of having a range of services that can effectively respond. This requires a family law system that operates in a coordinated, timely and child-focused manner.