Coercive Control and Family Law: What the Courts Are Saying and What’s Changing from 10 June 2025
In a significant recent decision, Justices Aldridge and Carew clarified how Australian courts interpret coercive control—a form of family violence that can deeply affect a person’s autonomy, dignity, and wellbeing—even in the absence of physical violence.
This comes at a pivotal time for Australian family law, with important legislative changes taking effect from 10 June 2025, which will expand how the impact of family violence, including coercive control, is assessed in property settlement matters.
What is Coercive Control?
Coercive control refers to patterns of behaviour that dominate, isolate, or manipulate a partner, often without ever raising a hand. These may include:
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Restricting access to finances
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Monitoring communications or movements
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Undermining self-esteem
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Isolating a person from their support networks
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Imposing rules or punishments to maintain control
In their decision, Aldridge and Carew JJ made clear that intent is not necessary—what matters is the effect of the conduct. Even behaviour that appears subtle or innocuous can be family violence if it results in coercion, control, or fear. The definition is protective and must not be read down by artificial limitations.
For a detailed understanding, you can read the full court decision here: Pickford & Pickford [2024] FedCFamC1A 249.
Changes in Parenting Law: Safety Is Now Central
Under the new parenting law framework, which commenced in May 2024, there is no longer a presumption of equal shared parental responsibility. Instead, courts are required to focus on what arrangements promote the safety and best interests of the child.
Family violence, including coercive control, is now a key consideration when the Court determines:
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Whether parental responsibility should be allocated solely or jointly
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What time a child should spend with each parent
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How to ensure the child and their caregivers are protected from harm
This reflects a shift in emphasis: from presumed equality of decision-making to the practical safety, wellbeing, and developmental needs of the child.
Property Settlements: What’s Changing from 10 June 2025?
Currently, family violence can be considered in property cases under the Kennon v Kennon principle, where the violence made a party’s contributions more difficult.
From 10 June 2025, the Family Law Act will formally require the court to consider the effect of domestic and family violence when assessing:
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A party’s contributions to the relationship or property
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A party’s future needs, including health, earning capacity, and security
This change ensures that family violence—including non-physical abuse—can influence financial outcomes, recognising the long-term impact of controlling or abusive behaviour.
If You’re Experiencing Coercive Control, We Can Help
At Powell Family Law, we understand the emotional, legal, and financial complexity that comes with coercive control and family violence. Whether you’re seeking safer parenting arrangements or a fair division of property, our team can guide you through the law as it stands—and the changes that are coming.
📞 Call us today on (07) 3179 6680
📧 Email us at hello@powellfamilylaw.com.au
You don’t have to navigate this alone. Let us help you protect what matters.
