Family Violence and Parenting Orders

If you suspect and are worried that your child is being physically or psychologically hurt by your partner or ex you need to consider getting a parenting order in place. Here we provide an overview of the process.

What is Family Violence?

Family violence, under Family Law, is any violent or threatening behaviour by a person that controls a member of that person’s family or causes the other family member to feel fear.

A child can be a direct or indirect victim of family violence. Direct by experiencing physical and/or sexual abuse or indirectly by witnessing, or hearing, threats or an assault towards other family members.

Child Related Proceedings and Parenting Orders

What can you do if you think your child has been exposed to family violence?

One thing you can do is start a child related proceeding in the Family Court.

A child related proceeding is where the court resolves issues about the responsibilities and obligations of parents. The Family Court will decide on things like:

• Who a child will live with, spend time with, or communicate with.

• Who has the responsibility to make major decisions for the child – for example, health and education.

If there is no agreement between the parents on how a child is to be parented then the Court must make a decision based on what is in the child’s best interest.

Unless you are eligible for an exemption you must take part in Family Dispute Resolution usually at a Family Relationship Centre before you go to court. http://www.familyrelationships.gov.au/services/frc/pages/default.aspx

If you do not agree, you can then apply to the Family Court for a parenting order.

There are some circumstances where you may not have to go through dispute resolution. For more information on exemptions read our blog http://www.waynedawkinslaw.com.au/blog/exceptions-to-the-family-dispute-resolution-requirement.cfm

When you have applied to the Court, you may have to attend a case assessment conference. Here a Family Consultant who works at the Court talks to you and your ex individually to assess risk to the children and if appropriate give you an opportunity to negotiate the issues.

If no agreement is reached, your case will continue along the Court process to a trial.

Family Violence and the Family Court

Remember that the Court must decide on what is in the best interests of the child. If the Court does not think that the child’s interests are being properly considered, an Independent Children’s Lawyer will be appointed to represent the child’s interest.

What is important is that if you allege that family violence has occurred, the Court will immediately be aware of the need for the child to be safe. Despite there being no evidence to show that it has actually occurred the Court will not take any risks with the child's safety.

Knowing that your child has been exposed to family violence is distressing. You need someone with experience who can guide you through the process of getting a parenting order.

Wayne Dawkins is a Perth Family Lawyer with experience in dealing with parenting cases for parents, grandparents and children as an Independent Children’s Lawyer.

Call 9214 3887 to speak to Wayne or make an appointment for advice.