Family Violence Restraining Orders and Child Custody

A Family Violence Restraining Order should not necessarily stop a child from spending time with their parent. Under Australian family law, a child has a right to enjoy a meaningful relationship with both of their parents and be protected from harm. 

Whilst a Family Violence Restraining Order can provide relief and safety to victims of family violence, a child’s time with the restrained party may be affected. However, this does not always need to be the case and Bodekers Family Lawyers and Mediators can guide you through this process. 

domestic violence lawyer

A Family Violence Restraining Order may be sought when one party has perpetrated acts of family violence, or when the safety of a child is concerned. Family Violence is defined in section 4AB of the Family Law Act 1975 if the parties were married or section 9A of the Family Court Act 1997 if the parties were de facto. 

The fundamental issue to be considered by the Family Court is ‘what is in the best interests of the child.’ If a Family Violence Restraining Order is in place, this may be considered by the Family Court when determining what is in the child’s best interests. Bodekers Family Lawyer and Mediators and our Legal Practitioner Director Shannon Bodeker is highly qualified in all areas of child custody matters where Family Violence Restraining Orders are in place between the parties.

At Bodekers Family Lawyers and Mediators, we can assist you in obtaining Parenting Orders in the Family Court which can override a Family Violence Restraining Order. A restrained party may seek Parenting Orders in the Family Court to spend time with a child to which section 68Q of the Family Law Act 1975 applies or section 175 of the Family Court Act 1997 applies if the parties were de facto. Such an Order recognises the inconsistency between the children’s time with their parent and the Family Violence Restraining Order resulting in the Parenting Order prevailing and the Family Violence Order being deemed invalid to the extent of the inconsistency. 

At Bodekers Family Lawyers in Perth, Western Australia, our Legal Practitioner Director Shannon Bodeker can provide legal advice to parties on the potential legal consequences a Family Violence Restraining Order may have on a child’s rights, whether you are the party protected or the party restrained. We invite you to provide everything you would like to tell our Legal Practitioner Director during your first appointment, as well as any questions you have. Some of the information that may be useful could include:

  1. The name, address and occupation of both parents;  
  2. The name and age of your children;  
  3. Details of any Court orders in place;  
  4. What arrangements are happening now?  
  5. What arrangements do you want?  
  6. What arrangements does the other parent want?  
  7. Whether you are the person restrained or the person protected by the Family Violence Restraining Order;
  8. Whether the child is protected by the Family Violence Restraining Order;
  9. The nature of the Family Violence Restraining Order, that is, whether it is interim or final;
  10. Provide any  court documents that are relevant including copies of the Family Violence Restraining Order; and
  11. Any other information you deem relevant.

Please note this is not family law or legal advice. It is important to seek specific family law and legal advice. Bodekers Family Lawyers and Mediators in Perth, Western Australia can provide you with the very best legal advice regarding your child custody matter when there is a Family Violence Restraining Order in place.

Leave a Comment