In the Australian Capital Territory, an order that is made for the safety and protection of a person, against a former partner or family member, is known as a Family Violence Order or FVO. Children can be included on an FVO of a parent. They can be included as a “protected person”, which means generally they are considered in all terms set out in the FVO, or they may be specifically referred to in one or some of the terms, such as to not commit acts of family violence towards them or in front of them.
It is important to carefully review the entire FVO when you are served by police, and to understand how the children are named, and to what extent they are covered by the prohibitions of the FVO. Often, there are exceptions contained within the FVO, for example, there may be a restriction on the respondent coming within 100 metres of the applicant, except at a Court or tribunal proceeding, for the purpose of mediation; or where children are involved, when attending changeover, where the distance may be reduced to a range that ensures the safe handover of the children appropriate to their age. Each FVO will contain different prohibitions, set to the evidence given in the application filed by the applicant and their evidence given before a Deputy Registrar at the interim hearing.
In the event there are no exceptions in the FVO that permit contact between the respondent and children, including in person or by telephone, the respondent is entitled to:
Make an application to vary the FVO in the ACT Magistrates Court. An application in the ACT Magistrates Court focuses on not adversely affecting the safety of the protected person/s.
Make an application to vary the FVO in the Federal Circuit and Family Court of Australia (FCFCoA). An application to vary the FVO in the FCFCoA focuses on what is in the children’s best interests.
Negotiate a variation by the agreement at the Preliminary Conference, usually the first Court event in the family violence proceedings a respondent attends, to include the ability to communicate with and spend time with the children.
It is best to remember while a FVO is in place for the protected person/s safety, it should be treated as a two-way street. It is important to ensure you comply with the terms of the FVO while they are in effect. While a FVO is a civil order, it has criminal ramifications in the event it is breached. A breach of the FVO, no matter how trivial or minor, may also be used as a basis to amend, extend, or seek an interim FVO be made final.
In the event you are concerned for your immediate safety, you should contact the police on 000. In the event you require safety planning or guidance on non-urgent family violence matters, you should contact the AFP on 131 444 or DVCS at (02) 6280 0900.
Determining how to vary, or whether to vary an FVO, can be a difficult process. Depending on the circumstances of your situation, such as whether there are related family law, criminal law or child welfare proceedings, will assist in determining which pathway is more suitable for you. If you would like to discuss your options and how we can assist you, contact us today at (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online.