Safety as Priority
When family violence is involved, protecting children from harm is the court's first priority. This takes precedence over the benefit of a relationship with both parents.
What is Family Violence?
Under the Family Law Act, family violence includes:
Exposing Children to Violence
A child is exposed to family violence if they:
This itself is considered harmful to children.
Impact on Parenting Orders
What Courts Consider
- Nature and seriousness of violence
Possible Outcomes
Depending on the situation:
Protective Measures
Intervention Orders
Separate from parenting orders. Apply to police/magistrates court. Can include:
Parenting Order Conditions
- Supervised visits
Making Allegations
Your Obligations
You must tell the court about:
False Allegations
Making false allegations is serious. Can affect your credibility and outcomes.
Evidence
Courts look for:
Getting Help
If You're Experiencing Violence
- Call 1800RESPECT (1800 737 732)
For Children's Safety
If children are at risk:
FDR Exemption
If there's family violence, you may be exempt from attending FDR before going to court. You can get a Section 60I certificate on grounds of family violence.