Have you wondered how a court proceeding surrounding domestic violence changes when a child is involved?

The family court presumes that the involvement of a parent in a child’s life is in a child’s interests, so long as the parent can be involved in a way that does not put the child or the other parent at risk of suffering harm.

If one parent applies for contact with a child and the other alleges domestic violence then there is a clear court procedure. The court will then be guided by the court welfare service who provide an initial letter, setting out the issues and their preliminary advice.

If the alleged perpetrator does not admit to the violence or other abuse, the court may decide that a finding of fact hearing is necessary. The court may also direct the applicant to take part in a domestic violence prevention course.

In all cases, the court will consider the effect of the violence or abuse on the child and on the arrangements of where the child is living, the effect on the child’s relationship with the parents, whether the person applying for the order wishes to promote the best interests of the child or is using the court process to continue with the abusive or controlling behaviour, that person’s likely behaviour during contact  and the capacity of the parents to appreciate the effect of past violence or abuse and the potential for future violence or abuse.

The court will do its best to ensure that the child and the parent the child lives with are safe. One option is for any contact to be supervised and certainly the parents would not usually need to meet.

If you would like to discuss any of these issues with one of our specialist legal advisers, please click here for a call back or message us your enquiry.