Family Violence & Parenting Orders: How the Court Responds

How Family Violence Affects Parenting Orders

When parents separate, the Court’s primary concern is making parenting orders that promote the best interests of the child. Where family violence is alleged, protecting children from harm becomes a critical consideration throughout the case.

Family violence can affect every aspect of a parenting matter, including:

• Where a child lives
• How much time they spend with each parent
• Whether time should be supervised
• How parents communicate
• Who makes major long-term decisions for the child

Every family is different, and the Court considers the specific facts of each case rather than applying a one-size-fits-all approach.

What Counts as Family Violence?

Under the Family Law Act, family violence extends well beyond physical assault.

Examples may include:

• Physical or sexual abuse
• Emotional or psychological abuse
• Coercive or controlling behaviour
• Economic or financial abuse
• Threats or intimidation
• Damage to property
• Stalking or unauthorised surveillance
• Exposing a child to family violence

Importantly, children do not have to be the direct victims of violence for the Court to have concerns. Witnessing violence or being exposed to its effects may also be relevant when determining parenting arrangements.

The Child’s Safety Comes First

Australian family law places significant emphasis on protecting children from harm.

Where allegations of family violence arise, the Court is required to consider whether interim or procedural orders are needed to protect the child or other parties while the matter proceeds. Allegations of family violence or child abuse in parenting proceedings must also be formally notified to the Court using the required documentation.

Depending on the circumstances, parenting orders may include:

• Supervised time with a parent
• Changeover at neutral locations
• Restrictions on direct communication
• No overnight visits
• Suspension of time until concerns are addressed
• Orders allowing communication only through lawyers or parenting apps

The Court aims to balance a child’s relationship with both parents against any risks to their safety and well-being.

What Evidence Does the Court Consider?

The Court considers evidence, not simply allegations.

Useful evidence may include:

• Apprehended Domestic Violence Orders (ADVOs)
• Police reports
• Medical or hospital records
• Reports from psychologists or counsellors
• Child protection records
• School reports where relevant
• Photographs or other documentary evidence
• Text messages, emails or other communications
• Affidavits from witnesses

Each piece of evidence is considered alongside the broader circumstances of the family.

Do Family Violence Orders Affect Parenting Orders?

Yes, they can.

An ADVO or other family violence order does not automatically determine parenting arrangements, but it is highly relevant to the Court’s assessment of risk.

If a family violence order already exists, the Court must be informed and a copy provided during parenting proceedings. In some situations, parenting orders may interact with or override inconsistent parts of a state-based family violence order where authorised by the Family Law Act.

Because these situations can be legally complex, obtaining advice before agreeing to parenting arrangements is important.

Can Parenting Orders Be Changed?

Parenting orders are not necessarily permanent.

If family violence occurs after parenting orders have been made, or if new evidence comes to light, it may be possible to apply to vary the existing arrangements.

The Court will consider whether there has been a significant change in circumstances and whether changing the orders is in the child’s best interests.

Early legal advice is particularly important where children’s safety may be at risk.

Practical Tips if Family Violence Is Involved

If you are involved in parenting proceedings where family violence is an issue:

• Keep detailed records of relevant incidents.
• Preserve text messages, emails and other communications.
• Report incidents to police where appropriate.
• Seek medical treatment if injuries occur.
• Follow any existing Court or ADVO conditions.
• Avoid discussing the matter with your children.
• Obtain legal advice as early as possible.

Taking practical steps early can assist in protecting both your family and your legal position.

How Berryman Partners Can Help

Family violence matters require sensitive, practical and experienced legal guidance.

At Berryman Partners, we assist clients throughout Newcastle, Lake Macquarie and the Hunter Region with parenting disputes involving family violence.

Our family law team can help you:

• Apply for or respond to parenting orders
• Advise on the impact of ADVOs
• Prepare evidence for Court
• Represent you during negotiations and Court proceedings
• Focus on achieving arrangements that protect your children’s best interests

We understand that every family’s circumstances are unique and provide clear, compassionate advice throughout the process.

Final Thoughts

Allegations of family violence can significantly affect parenting arrangements, but every case depends on its own facts and evidence.

Understanding how the Court approaches safety, risk and parenting orders can help you make informed decisions while protecting your children’s well-being.

If you are experiencing family violence or responding to allegations during parenting proceedings, the experienced family law team at Berryman Partners can provide practical advice tailored to your circumstances.

Contact Berryman Partners today to arrange a confidential consultation.

This blog was written by Associate,

 Jessica Benson

Jessica practises in the areas of Family Law, Wills & Estate Planning,

Deceased Estates and Will disputes