Does the Federal Circuit and Family Court take family violence into account?

Yes. In making parenting orders in the best interests of a child, the Court must consider what arrangements would promote the safety of the child and each person who has care for the child. This expressly includes safety from being subjected to, or exposed to, family violence, abuse and neglect [Family Law Act 1975 (Cth) s 60CC(2)(a)].

In considering this, the Court must also consider:

This aims to resolve conflicts between intervention orders made by the State Magistrates Court and parenting orders made by the Federal Circuit and Family Court (FCFCOA), ensuring that people are not exposed to violence and also that the right of the child to have a meaningful relationship with both parents is respected.

When the FCFCOA makes a parenting order that is inconsistent with an intervention order, the Court must arrange for an explanation of:

Special protections apply to victims of family violence who are personally cross examined by the other party in family law proceedings - see Family Violence and Cross-Examination of Parties Scheme.

For information on domestic and family violence and the law in Australia, including the details of family violence support services, visit the Family Violence Law Help website. Women attending the Federal Circuit and Family Court can access support through the Women’s Information Service (WIS). See the WIS Family Court Support brochure.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732.