If you fear for your children’s safety, you can include them on your intervention order application as ‘additional affected family members’.
A magistrate can include a child on the order, even if the applicant does not ask for this to happen.
- living with the children
- spending time with the children
- communicating with the children.
A magistrate must make decisions to protect children
A magistrate must consider if there are children who have seen or heard the family violence. The magistrate will ask the or respondent if they have any children and how the family violence has affected them.
If the magistrate decides that the child needs to be protected, the intervention order may say that the respondent cannot have contact with the child.
Intervention orders and parenting orders
Family violence intervention orders are legally separate to . A sets out conditions that the respondent must follow. A parenting order sets out parenting arrangements for a child or children that both parties must follow.
The relationship between family violence intervention orders and parenting orders is complex. A family violence intervention order does not stop the respondent applying for a parenting order to see the children. It is important to .
When a magistrate makes a family violence intervention order to protect a child, they must check if there are parenting orders in place. A magistrate can decide to suspend, revive (restore), vary (change) or discharge (cancel) a parenting order if certain conditions are met.
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Reviewed 12 April 2022