Domestic violence impacts a whole range of areas of life, including family law parenting matters. Many of our other blog posts have discussed the Court’s paramount concern – the best interests of the child. This includes having a meaningful relationship with both parents.
However how does this work when domestic violence is involved?
Domestic violence can include physical, emotional and sexual abuse. Its impact on a child or parent can be long-term and wide-reaching. As a result, it is an important consideration when negotiating family law parenting Consent Orders. For example, now all Parenting Consent Orders require an annexure which expressly deals with allegations of abuse and domestic violence.
When the Court considers the best interests of the child they also consider protecting the child from harm. Allegations of domestic violence are taken very seriously in the Family Law Courts. If a child is at risk of harm from domestic violence, they may not consider it in the best interests of the child to have a meaningful relationship with both parents.
However, the Court is unlikely to order that the child never see the parent guilty of violence. Even in the most extreme of circumstances, the Court would hesitate to cut off all contact. Often, the child has contact with the parent in question in a third party environment for a limited amount of time with supervision from a third party. In the Court’s eyes, this enables a somewhat meaningful relationship but also protects the child.
If you have a family law parenting matter or concerns on this topic or on family law generally or want to find out more about domestic violence and family law please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Emily Graham & Andrea Spencer and edited by James Frank.
Family Law - Think of the Children Part 1
Family Law - Think of the Children Part 2