When separating, parents often face a number of issues to consider, including their finances; who remains in the house; and importantly, what care arrangements will be in place for the children. Navigating these issues can be particularly challenging where family violence considerations are involved.
Family violence orders, whether interim or final, can include both adult and children protected persons.
A parent may seek a family violence order which includes any children of the relationship, or on behalf of the children. In doing so, the affected person (or applicant) will need to provide evidence to the Magistrates Court about why they say the children should be included on the order.
The Magistrates Court must consider if there are any Court Orders in place about the care arrangements for the children. In making any order, the Court will usually be interested in the current care arrangements for the children; whether there is a signed Parenting Plan and/or whether there are any family law proceedings on foot.
In deciding whether to make a family violence order, the Court must give paramount consideration to the ‘safety and protection of the affected person and any child … affected by the respondent’s alleged conduct’.
In applying this test, the Court must ensure that the conditions are the ‘least restrictive of the personal rights and liberties of the respondent as possible’, provided they still afford the affected person and any children safety and protection (and achieve the objects of the Family Violence Act 2016 (ACT)).
If a family violence order is granted, the Court may include conditions which relate only to the adult protected person, or only the child protected person. The Court can also make orders preventing a respondent from communicating with or spending time with a child; notwithstanding the existence of family law Orders.
You should ensure you understand the conditions of the family violence order, to ensure what you can and cannot do whilst the order is in place.
If you are the respondent to a family violence order, you should also obtain legal advice about the possibility of making an application to amend or revoke the protection order.
Where there are family violence issues and you are considering what care arrangements should be in place, you should obtain family law advice. A family lawyer will be able to advise you about what arrangements best promote the safety of you and your children; or what you can do to ensure the children have a relationship with you notwithstanding a family violence order has been made against you.
Whether you are negotiating care arrangements where family violence issues exist, or if you have been served with a family violence order which impacts on your relationship with the children; it is important that you obtain advice quickly, as you can prejudice your position if you delay seeking advice and acting in accordance with the best interests of your children.
Our experienced family lawyers at Robinson + McGuinness can provide you with further assistance, tailored to your particular circumstances. Contact us today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online.
For family violence support and assistance, contact 1800 RESPECT via the National Helpline on 1800 737 732.
If you are concerned for your immediate safety, contact 000. If you require safety planning, contact DVCS on (02) 6280 0900 or the 131 444 non-urgent ACT Police number.