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Parenting orders

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:

  • any history of family violence, abuse or neglect involving the child or a person caring for the child [s 60CC(2A)(a)], and
  • any family violence order (including an intervention order) that applies or has applied to the child or a member of the child’s family [s 60CC(2A)(b)].

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:

  • the purpose of the contact order
  • the obligations that the order creates
  • the consequences that may follow if there is failure to comply
  • the reasons for the making of the order inconsistent with the intervention order, and,
  • the circumstances in which the Family Law Act 1975 (Cth) order may be varied or revoked.

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

Parenting orders  :  Last Revised: Thu May 2nd 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.