If you’re dealing with family violence and parenting issues, you’re not alone — and there is legal support available, organisations (like us!) are here to guide you through this challenging time. In Western Australia, Family Violence Restraining Orders (FVROs) are court orders designed to protect people from abuse, threats, or harassment, often by a former partner or family member. But what happens to parenting arrangements when one is in place?
What is a Family Violence Restraining Order?
An FVRO is a legal order that restricts contact between a person and their former partner (and sometimes the children) to keep everyone safe. It can include conditions like:
- No contact with the protected person or children
- No access to certain places (e.g., home or school)
- No threats, intimidation, or abusive behaviour
How Does This Affect Custody?
The Family Court always focuses on what’s best for the child. If there’s an FVRO, it may:
- Limit or stop contact between the child and the restrained parent
- Require supervised visits to ensure safety
- Change existing parenting orders to reflect new risks
Will the Court Look at the Violence?
Yes. The court will consider things like:
- What kind of violence occurred (physical, emotional, or financial)
- Whether the child is at risk
- How the violence may have affected the child’s wellbeing
Temporary and Long-Term Changes
In urgent cases, the court might issue a quick (emergency) order that changes parenting temporarily. If risks continue, long-term changes may include:
- The child living mainly with the non-violent parent
- Supervised or restricted contact with the other parent
The court always tries to balance a child’s safety with their right to have a meaningful relationship with both parents, as long as it’s safe. It is also important to acknowledge, the above is not an exhaustive list of changes to parenting arrangements and each situation is unique and will be assessed on its own circumstances.
What Can You Do?
- Get legal advice early – A family lawyer can guide you through the process and protect your child’s best interests.
- Gather evidence – Police reports, medical notes, and witness statements can be crucial.
- Be candid and consider mediation – It is important to tell people involved in assessing your situation the whole story. Make sure you provide any mediator with all of the relevant information for them to assess what safeguards need to be in place, or whether mediation is even suitable.
Remember, there is always support available.
- Coastal Family Law – We specialise in parenting matters involving family violence.
- 1800RESPECT – 24/7 support for people experiencing family violence.
- Legal Aid WA – Legal help and resources.
- Family Court of WA – Info on parenting and safety orders.
We’re Here to Help
If you’re facing parenting issues and family violence, don’t go through it alone. At Coastal Family Law, we’ll work with you to protect your children and your peace of mind. Get in touch for confidential advice.
