Domestic violence is not acceptable in any situation. The majority of legal rights and obligations pertaining to children, whether living in a married or de facto relationship, will fall under the Family Law Act 1975 (Cth) (the Act). The aim of the legislation is to ensure that children are protected from harm. Part VII of the Act covers situations where children are exposed to domestic violence. Under section 60CF of the Act, the Court must be made aware of any relevant Domestic Violence Orders. Where a parent of the child has been issued with an Apprehended Violence Order (AVO), this will become relevant when the Court makes decisions on the welfare of the child due to the separation.
Under the Act, there is a presumption that each parent will have equal parental responsibility in the care and welfare of the child. Where there is a history of domestic violence or AVOs have been issued to a parent, the presumption may be rebutted. Further, the parents may not be required to attend alternate family dispute sessions, due to the history or domestic violence. There is absolutely no tolerance for domestic violence. The court will not allow for it. You can speak to one of our Family Lawyers in relation to your rights under the Act. Our Family Lawyers have extensive experience in domestic violence matters.
Domestic violence can include a range of things including but not limited to the following:
- Your partner is physically or sexually abusive to you or your children;
- Your partner is emotionally or psychologically abusive to you or your children;
- Your partner is threatening towards you or your children; or
- Your partner is intimidating towards you or your children.
Children who are exposed to domestic violence can feel frightened and distressed. It is important to ensure that their interests are not affected due to the issues between you and your ex-partner. An option may be to take out an AVO if there is none in place.
Our Family Lawyers can assist you in making the application and advise you on the process and legalities. Book your free consultation today, with one of our experienced Family Lawyers. To contact us, please call us on (02) 9233 4048 or send an email to email@example.com. To view a complete list of our office locations, please peruse our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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