Family
Violence.

In Australia, the most important factor in any parenting decision is the best interests of the child. When family violence is involved, the court takes it seriously—especially when it comes to deciding who children live with, spend time with, or have contact with.

This page explains how family violence can affect parenting arrangements, in clear and practical terms.

1. How Does the Court Define Family Violence?

Family violence includes more than physical harm. The Family Law Act recognises:

• Threats or yelling

• Controlling behaviour or isolation

• Emotional or psychological abuse

• Financial control or deprivation

• Exposing children to any of the above

Example:
Tina and Michael separated after years of emotional abuse. Their young son had witnessed arguments and threats. Tina raised this in court when discussing parenting arrangements—and the judge considered it a serious safety issue.

2. How Is Family Violence Relevant to Custody?

If family violence is present or alleged, the court will:

• Prioritise the child’s safety

• Consider whether a parent poses a risk

• Look at how involved each parent has been

• Assess the emotional and physical wellbeing of the child

In some cases, the court may order:

• Supervised contact with the parent who caused harm

• No contact if there’s a serious risk

• Protective conditions for changeovers and communication

3. Does Violence Automatically Stop a Parent from Seeing Their Child?

Not always. The court tries to balance a child’s right to have a relationship with both parents and their right to be safe.

If it’s safe to do so, some contact may still be allowed—under strict conditions. But safety comes first.

Example:
After a separation involving a violent outburst, the court allowed supervised visits at a contact centre while the father attended counselling. The child’s safety was always the top priority.

4. What Evidence Can You Provide?

The court can consider a range of information, including:

• Intervention orders or domestic violence orders (DVOs/AVOs)

• Police reports or criminal charges

• Medical reports or counselling records

• Witness statements or affidavits

You don’t need a conviction to raise concerns about violence. If you’re worried for your child’s safety, it’s important to speak up.

5. What If the Violence Was in the Past?

Even if family violence happened years ago, it may still be relevant—especially if the effects continue today. The court will consider patterns of behaviour, not just recent incidents.

Tip:
You can raise family violence concerns at any point, even after parenting orders are made—especially if there’s a change in risk.

Final Thought

Family violence changes how the court approaches parenting. The law aims to protect children—not just physically, but emotionally too.

If you’re unsure where you stand, understanding your rights is the first step. You don’t have to navigate it alone.