Recent updates on family violence and coercive control.
The way Australian family courts assess coercive control changed significantly with the Full Court's decision in Pickford & Pickford [2024] FedCFamC1A 249
For the first time, the Court set out a structured five-step framework for evaluating allegations of coercive and controlling behaviour: identify the alleged conduct, consider its full context including any explanation by the perpetrator, assess the impact on the victim beyond mere assertion, determine whether the conduct actually occurred, and evaluate objectively whether it falls within the definition of family violence under s 4AB of the Family Law Act 1975.
The decision resolved several issues that had been uncertain in the case law. The Full Court confirmed that a perpetrator's intention to coerce or control is relevant but not essential — the focus is on the behaviour and its effect, not the perpetrator's state of mind.
It also rejected the argument that a victim's fear must be "reasonable," noting that Parliament deliberately removed that requirement in 2012. At the same time, the Court drew a clear line between parental conflict and coercive control, holding that disagreement between parents — even heated disagreement — is not automatically family violence, and that one litigant does not commit family violence simply by refusing to consent to orders sought by the other.
What Pickford demands is rigour. The definition of family violence remains deliberately broad, and the Court was emphatic that it must not be read down by artificial limitations. But findings of coercive control must now be grounded in identified conduct, assessed in context, and supported by evidence of impact — not resting on one party's characterisation alone. For anyone navigating a family law matter involving coercive control, this means the way evidence is gathered, documented, and presented has never been more important.
Learn more about family violence and coercive control and the importance of getting early advice, or contact Monica now.