Parenting Plans vs. Consent Orders: What’s Right for Your Family?

Family violence is a deeply serious issue with lasting consequences, not only for the affected partner, but also for children.

When separating or divorcing couples are involved in parenting disputes, the Australian family law system prioritises the safety and well-being of the children above all else.

If family violence is present, this will significantly influence how parenting arrangements are decided and enforced.

Understanding the Legal Definition of Family Violence

Under the Family Law Act 1975, family violence is defined as behaviour that is violent, threatening, controlling, or causes a family member to feel fearful. This includes physical abuse, sexual assault, emotional abuse, stalking, financial control, and isolating someone from friends or family. Exposure to this behaviour, even indirectly, can have serious consequences for children, and courts treat it as a critical factor when determining parenting orders.

How Courts Address Family Violence in Parenting Matters

When making decisions about parenting arrangements, the court’s guiding principle is always the best interests of the child. If there is evidence or concern of family violence, the presumption of equal shared parental responsibility, which typically allows both parents to make joint decisions, may not apply. In such cases, the court may award sole parental responsibility to one parent to protect the child from harm.

Courts also consider whether a parent has the capacity to provide a safe and nurturing environment. If there’s a risk of abuse, orders can be tailored to limit contact or impose supervised visits. In severe cases, a parent may be denied time with the child altogether.

Protective Measures and Consent Orders

Victims of family violence can seek protective mechanisms within parenting orders, such as supervised time, no-contact conditions, or specific communication protocols. Additionally, consent orders can be structured to prioritise safety while ensuring the child has a stable routine. These legal safeguards are enforceable, unlike informal agreements, providing reassurance to the affected party.

Support for Affected Parents and Children

The emotional and legal complexities surrounding family violence can be overwhelming, especially when children are involved. Victims are encouraged to seek help from experienced family lawyers, domestic violence services, and legal aid providers. Legal professionals can help prepare evidence, apply for parenting orders, and advocate for safe, practical arrangements tailored to your family’s needs.

Need Help with Parenting Orders Involving Family Violence?

Chatswood Family Lawyers are experienced in handling sensitive parenting matters where safety is a concern.

We can help you understand your rights, navigate legal processes, and secure appropriate care arrangements for your children.

Call us on (02) 9412 4500 or reach out via our contact form for a confidential consultation.