Allegations of family violence can significantly impact parenting matters before the Family Court. When these allegations arise, they are not just background details — they become central to the Court’s decision about what is in the best interests of the child.
Under the Family Law Act 1975, one of the primary considerations in parenting matters is the need to protect children from physical or psychological harm caused by abuse, neglect or exposure to family violence. In fact, the Court must give greater weight to this factor than to the benefit of a child having a relationship with both parents.
What Is Considered As Family Violence?
Family violence is not limited to physical harm. It includes coercive and controlling behaviour, verbal abuse, emotional manipulation, financial control, and exposing children to conflict. For example, a child who regularly witnesses shouting matches, threats, or aggression between their parents is considered to be exposed to family violence.
How Are Allegations Handled?
Once legal proceedings are underway, and family violence is raised, the Court may:
- Appoint an Independent Children’s Lawyer (ICL) to represent the child’s best interests.
- Order a Family Report or psychological assessment.
- Place interim parenting arrangements that limit or supervise time with a parent.
- Use Notice of Risk or Section 60I certificates to trigger additional protection.
The party making the allegation should provide as much evidence as possible, including:
- Police reports
- Intervention orders (AVOs/DVOs)
- Medical records
- Witness statements
- Text messages, emails or recordings (where legally obtained)
Ultimately, the Court’s guiding principle is whether the other party/the child’s safety and emotional wellbeing is at stake. Parenting arrangements will be made to minimize harm, which may include supervised contact, changes to time arrangements, or, in some cases, no contact at all.