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Parenting orders & family violence
In situations where there is family violence or child abuse, a family dispute resolution practitioner may decide that you do not need to go to dispute resolution before applying for a parenting order. This includes where threats by the other person make it difficult for you to participate equally in the dispute resolution process.
You can also make an application directly to the court without getting a certificate from a family dispute resolution practitioner. However, the court must be satisfied that there is family violence or child abuse, or a risk of these, and that your fear or anxiety is 'reasonable'.
There are other situations where you do not have to attach a certificate from a family dispute resolution practitioner, including situations of urgency – for example, if the children have not been returned. Get legal advice.
What the court can do
If the court finds that there are issues of family violence or child abuse it may not immediately make a parenting order. The court may order a state welfare authority to provide it with any relevant information. The court will try to make an 'interim' (temporary) order that protects the children.
In situations where each party says different things and the court cannot determine who is telling the truth, the court may order that one party’s time with the children is supervised. The court may also order the appointment of an independent children’s lawyer, who can investigate further and make a report.
The court will make sure you get information about services and options available to you from a family counsellor or family dispute resolution practitioner. If there is an urgent risk of family violence or child abuse, the court may make a parenting order and direct that you receive information later on.
Parenting orders and family violence intervention orders
If there has been family violence or child abuse, or the risk of these, get legal advice. If you are considering family dispute resolution, let the family dispute resolution service know immediately.
More information
Parenting orders – what the court considers
Family violence intervention orders
Related publications
Child support and parentage testing
How to run your family law case
The role of an independent children's lawyer