Posted on June 21, 2023
Kathy Nguyen
Setting up parenting arrangements to spend time with children can be a contentious matter between parents. It becomes more difficult in cases where there is family violence involved, and if one parent has taken out a Family Violence Intervention Order against the other parent which lists the children as protected persons in the order.
When assessing the best interests of children, section 60CC of the Family Law Act 1975 sets out two primary considerations which are:
- The benefit to the child of having a meaningful relationship with both the child’s parents; and
- The need to protect the child from physical or psychological harm as a result of being subjected to or exposed to, abuse, neglect or family violence.
A recent decision in the appeal of Darmadi & Binjori[1] indicated that the parent that had committed family violence and showed lack of insight to the harm this can cause to their children, may be considered an unacceptable risk. When a parent is deemed an unacceptable risk, this can impact the time they spend with their children with conditions such as supervised time.
The Family Law team at Scanlan Carroll can help with your matter if you are concerned about your partner being a risk to your children, or if you are a parent who believes that the current parenting arrangements are not in the best interests of your children. We understand that family dynamics can be complicated and we can assist you with advice specific to your circumstances.
[1] Darmadi & Binjori [2023] FedCFamC1A 29 (23 March 2023)
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