Domestic Violence
Irrespective whether couples are married
or in a de facto relationship all children's matters fall
under the Family Law Act. State and territory laws
are relevant when dealing with AVOs for various criminal
charges which apply in circumstances involving either child
abuse or violence. The current changes do not tolerate
family violence or child abuse in any circumstances.
Protection from harm is a fundamental principal which the
courts take into consideration when dealing with what is in
the best interests of the child. Family violence
includes actions or threats or witnessing actions or threats
by a person against another family member or their
property. There is zero tolerance of apprehended or
actual physical violence or threats. In cases of
violence or abuse the court does not have to take into account
equal shared parental responsibility. One of the
exceptions to compulsory disputes resolution applies to cases
of violence or child abuse where separating parents are not
required to attend disputes resolution before approaching the
court on parenting matters.
The court must act in these cases without
delay considering all relevant circumstances and make
appropriate orders. The courts will have greater power
to penalise parties for making false statements and to require
information provided to them by state and territory agencies
concerning allegations of family violence or abuse. The
system will be more intrusive and screen for violence and
child abuse apart from DOCS in children's matters. Where
allegations of violence and abuse are made they are to be
referred for investigation by state and territory agencies
immediately.
Other Family Law service
areas:
Contact LAC
Family Lawyers now to make an appointment at an office near
you.
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