Knowledge

15 October 2020

How does domestic violence impact parenting arrangements?

Domestic violence and parenting

It is important that children grow up in a safe environment where they feel secure, loved and protected.  Children who are exposed to domestic violence are far more likely to develop physical and/or mental health problems and, as adults, to become victims or perpetrators of domestic violence themselves.

If you are a parent who is a victim of domestic violence and you have a child who has been exposed to domestic violence, you can make an application for a protection order that not only protects yourself from domestic violence, but also protects your child.  Whilst the terms of domestic violence orders do vary, at a minimum, all protection orders ensure that the parent against whom the order is made, must be of good behaviour towards you and any children named in the order.

When applying for a protection order it is possible to seek additional protections which, for example, restrain the other parent from approaching your residence or place of employment, approaching you in a public place, or at a place associated with your child, such as a day care or school.  What orders will provide the necessary level of protection will depend on your individual situation.  We recommend that advice is sought prior to making an application for a protection order.

Protection orders

Whilst a protection order is made to protect those named in the order from domestic violence, it does not deal with the living arrangements or the authority to make decisions for your child.  Parents must carefully consider the following:

  1. if there is no existing agreement in relation to the living arrangements for a child named in an order, whether or not a meaningful relationship between the child and parent (against whom the order is made) can still be maintained, taking into consideration the need to reduce any risk of harm to the child; and
  2. if there is an existing agreement in place in relation to the living arrangements for a child named in an order, whether these arrangements need to be modified in light of the protection order, for the safety of the parent and child, and to ensure that a continuation of the existing arrangement does not lead to a breach of the protection order.

We recommend that parents obtain expert legal advice on their situation, as allegations of domestic violence, and the making of a protection order, adds an additional layer of complexity to parenting matters and need to be carefully navigated.  Parents should not assume that the making of a protection order enables them to withhold the child from the other parent.  Likewise, parents need to be careful that they do not facilitate any care arrangements that may place their child at risk. Parents who have had an order made against them should seek advice on options available to them to spend time with their child.

Domestic violence – next steps

Our experienced Cairns and Mareeba family lawyers are here to help, you can contact us on (07) 4036 9700 for expert advice on parenting and domestic violence matters.

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