If family violence or child abuse is raised in a family law case, the Court takes these concerns very seriously.

The main aim is to make sure that children and vulnerable family members are safe while the Court decides what arrangements are best for the child.

What happens if there are allegations?

If you are involved in a parenting case and there are concerns about family violence, child abuse or a risk to a child, you must tell the Court.

You may need to file a Notice of Child Abuse, Family Violence or Risk and provide information or evidence supporting your concerns.

The Court can then take steps to understand the situation and manage any safety risks.

What can the Court do?

The Court has powers to protect children and parents while a case is being decided.

Depending on the circumstances, the Court may:

• make temporary parenting orders;

• limit or set conditions on a parent's time with a child;

• make orders to protect someone from family violence;

• ask for further information or evidence; or

• involve government agencies or other professionals where appropriate.

In serious cases, the matter may be managed through specialised programs such as the Magellan or Evatt lists.

An Independent Children's Lawyer (ICL) may also be appointed in some cases. The ICL's role is to independently consider the child's interests and provide relevant information to the Court.

What do parents need to do?

Parents involved in family law proceedings must be honest and provide the Court with relevant information about family violence, child abuse and any existing protection or family violence orders.

It is important not to leave out information that could affect the safety of a child or another family member.

Will an allegation automatically affect parenting arrangements?

Not necessarily.

An allegation is not automatically treated as proven. The Court will consider the available evidence and assess the level of risk to the child and other people involved.

However, where the Court is concerned about a child's safety, it can make protective orders while the issues are being investigated and decided.

What should you do if you are concerned about family violence or abuse?

If you are worried about family violence, experiencing family violence, or concerned about the safety of your child, speak to one of our family lawyers about how we can assist you and help you understand your options.

It is important to raise these concerns with your lawyer as soon as possible. You should also keep relevant documents and evidence, including police reports, family violence orders, medical or school records, messages and other information that may help explain the situation.

The key message

Family law cases involving family violence or child abuse can be complex and stressful. The Court's priority is to protect children and other vulnerable people and to make parenting decisions that are in the child's best interests.

If you are experiencing or worried about family violence, contact our family law team to discuss how we can assist you.

If you need support, call 1800RESPECT (1800 737 732) the national family violence helpline, or 000 for emergencies.

This information is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact us today.