Family Violence is a very serious matter, unfortunately anywhere from 1 in 4 to 1 in 3 and even 1 in 2 Australian women will experience physical or sexual violence by a man, usually with whom they have been intimate with, at some point in their lives.
Family and Divorce Lawyers needs to be aware and sensitive to the needs of women in these situations and provide family law advice that is protective, practical and protective.
At Cominos Lawyers, our lawyers are trained in family violence and attend seminars and workshops to keep them abreast of all changes.
What is Family Violence?
There appears to be a general acceptance that family violence falls broadly into the following four categories:
Coercive controlling violence – this a pattern of controlling, threatening and intimidating behaviour, such as demanding that a woman make herself available and explain herself to her partner of her whereabouts at all times, accusations of the woman having affairs, threatening to physically harm the woman or her children if she behaves in ways that her partner is not agreeable to. It can involve constant phone texting or calling at all hours of the day or night, interrogating the children, keeping the woman financially dependent and socially isolated from her family and friends.
Violent Resistance – this is the situation, where a woman, will use force and physical violence to resist the abusive behaviour of her partner. It is an immediate reaction to an assault by her partner and it is intended to protect the woman and her loved ones from injury.
Situational Couple Violence – this involves a form of violence that does not stem from a pattern of power, coercion or control. Rather this is a situation where a couple in argument, use physical violence against each other, such as pushing, shoving, grabbing each other.
Separation Instigated Violence – this is violence that occurs or is perpetrated by a partner, upon realising that the other party and/or the children have left the relationship or marriage.
Examples of Family Violence:
(a) Using children to make you feel guilty or to relay messages, threatening to take the children away;
(b) Stopping you from getting a job, making you ask for money, taking your money;
(c) Forcing you to do things against your wishes; threating to commit suicide; smashing things; being physically violent; abusing pets; displaying weapons;
(d) emotional abuse; bad mouthing and putting you down, humiliating you, making you feel guilty.
Family Violence and Child Custody
The paramount consideration, that a court must give regard to is the best interests of the children in deciding whether a particular parenting order should be made by the Court.
How does the Family Court deal with family violence and child custody what is in the best interests of the child/children?
Where allegations of family violence or child abuse have been raised, the court will consider the need to protect the child above his/her need to have a meaningful relationship with the parent who has been accused of the abuse.
I am going for child custody, what should I know?
If you are the parent, asserting family violence consider the following issues that you should raise:
1. What is the likely risk of harm to the child if an interim order is made for the child to spend time with a parent/party against whom allegations of family violence or child abuse have been made?
2. Should there be supervised time?
3. It is extremely important that prior to attending the interim hearing, inquiries have been made with respect to the issue of supervision and that contact centres have been contacted to alert the Court with respect to availability , waiting lists and cost issues.
4. How long should supervised time continue for?. In most cases supervision will be a temporary measure to allow time to address the issues of family violence and child abuse issues raised.
5. Changeover locations and safety measures must be considered for all the parties involved, but in particular to protect the child from any exposure to or being subjected to any further family violence and/or child abuse. Often police stations are used as changeover venues, this may or may not be suitable depending upon among other factors, the age of the children and the circumstances of the allegations made.
6. It is important to remember that contact centres may offer a change-over facility and you should make preliminary inquiries prior to the interim hearing to determine suitability for your matter.
7. Should orders be in place where one parent alleges illicit use of drugs and /or alcohol addiction to prevent that parent from using any of these substances either prior to or whilst they have the care and control of the child?
8. Should orders be in place to restrain the parties from physically disciplining the child, if these issues have been raised?
9. Is there are current apprehended domestic violence order and are the orders that are being sought consistent with this order.
10. Is it in the best interests of the child if the parties attend a post-separation parenting course?
The court has a duty to ensure that any future, final orders made address and consider how children have been affected by exposure to family violence and what protective measures/orders should be put in place to ensure the future safety of the children.
It is very important to note and the research shows that the younger the child being exposed and/or subjected to violence or abuse, the more long-lasting and negative impact it has on that child’s emotional and psychological adjustment and well –being.
For more information , please contact us for child custody advice.