Under Australian family law, domestic violence doesn’t just mean physical harm. It includes emotional abuse, coercive control, financial abuse, threats and exposing children to conflict or harm. Even if the violence wasn’t directed at the child, the court will still consider the effect it has on them.

The Family Law Act 1975 requires that any parenting order made must be in the best interests of the child. When domestic violence is a factor:

• Protecting the child from harm takes priority over maintaining a relationship with both parents.
• The court carefully weighs whether contact with the violent parent is safe and appropriate.
• Sometimes, parenting orders may restrict or completely remove time spent with that parent.

To make informed decisions, the court may look at:

• Past domestic violence orders (DVOs or AVOs)
• Police or medical reports
• Witness statements
• Evidence of emotional or psychological abuse

Even without a criminal conviction, the court can still act if there is credible evidence of harm or risk.

Family violence can have a lasting impact on children, and the court recognises this. If there’s a history of abuse, the court will always prioritise the child’s safety when making parenting orders. If you're concerned about family violence affecting your parenting arrangements, it’s crucial to seek legal advice and support as early as possible.