When family violence is involved, parenting and custody decisions can become much more complex. Courts place the safety and wellbeing of children as the highest priority when making parenting arrangements. If one parent has committed domestic violence, this can significantly impact how the court decides custody and visitation.
In this article, we explain how domestic violence influences family law parenting decisions, what the courts consider, and what support is available.
Domestic Violence and the Best Interests of the Child
Under family law, parenting arrangements must be made in the best interests of the child. This principle guides every decision the court makes. When domestic violence is alleged or proven, the court will focus heavily on how it affects the child’s physical and emotional wellbeing.
This doesn’t mean the court will always deny the violent parent contact, but it may place restrictions to ensure safety. For example:
- Supervised visitation only
- No overnight stays
- Protective orders in place
- Restrictions on communication
What the Court Considers
The court will look at several factors when assessing parenting arrangements involving domestic violence, including:
- The nature and seriousness of the violence
- The child’s views (depending on age and maturity)
- Whether the child was directly harmed or exposed to the violence
- The capacity of each parent to care for the child
- Any risk of future harm
In cases of repeated or severe violence, the court may order sole parental responsibility to the non-violent parent and limit the other parent’s contact significantly.
What Is Considered Family Violence?
Family violence includes more than just physical harm. The law also recognises emotional abuse, financial control, threats, and stalking. If these behaviours create a risk to a child’s safety or psychological health, they will be taken seriously by the court.
Some examples of family violence that may affect parenting orders include:
- A parent threatening or intimidating the other parent in front of the children
- Controlling access to finances, preventing escape from abuse
- Stalking, following or harassing a parent after separation
- Verbal abuse that causes the child distress
How to Present Evidence in Parenting Disputes
If you’re seeking parenting arrangements and family violence is a concern, it’s important to gather relevant evidence, such as:
- Police reports
- Medical records
- Witness statements
- Protection orders
- Text messages or emails that demonstrate threats or abusive behaviour
Having the right legal support can help ensure this evidence is clearly and properly presented to the court.
How Simonidis Steel Lawyers Can Help
At Simonidis Steel Lawyers, we understand how emotionally difficult parenting disputes can be—especially when family violence is involved. Our experienced family law team will work with you to:
- Prioritise your child’s safety and best interests
- Present strong evidence to the court
- Apply for protective orders where needed
- Negotiate parenting plans that are fair and secure
Book a confidential consultation with us today, and let us help you take the next step toward a safer and more stable future for your family.
