Parenting Arrangements and Domestic Violence: Safeguarding Children After Separation
When separation or divorce involves domestic or family violence, parenting arrangements become both more challenging and more critical. Ensuring children’s safety while maintaining meaningful relationships is a difficult balance. This article explains how parenting orders work in Queensland when family violence is present and how KLM Solicitors supports clients in this complex area.
The Legal Framework: What the Court Considers
Under the Family Law Act 1975, when making parenting orders, the court’s primary consideration is the “best interests of the child”. If there is family violence or child abuse, the court must specifically consider the risk to the safety of the child and persons caring for the child. In Queensland, the state domestic violence laws (DFVP Act) intersect with the federal family law system.
Why Domestic Violence Changes the Parenting Game
When one parent has been subject to a Protection Order, or allegations of violence exist, the court may make different decisions about who cares for children, the nature of time‑with‑parent (supervised vs unsupervised), and communication arrangements. The existence of a DVO is a significant factor. A parenting order or consent order may override or modify arrangements if safety concerns require it.
Key Areas the Court Looks At
The safety of the child and any persons in their care, including risks of family violence or abuse.
The developmental, psychological, emotional and cultural needs of the child.
The capacity of each adult to provide for those needs, including in the context of domestic violence.
The benefit of a meaningful relationship with both parents if safe to do so.
Relevant history of family violence orders or child protection involvement.
Practical Tips for Protecting Children After Separation
Obtain legal advice early. Especially if violence has occurred, you’ll want guidance on how to proceed safely.
Consider consent or parenting orders. If both parents agree and it’s safe, a Consent Order can formalise arrangements.
Be realistic about time‑with‑parent arrangements. Supervised visits or modified arrangements may be necessary when there’s history of violence.
Keep records and evidence. This could include Protection Orders, police reports, child welfare involvement and communication logs.
Prioritise safety plans. Even before final arrangements are made, make sure children’s whereabouts are known, handover locations are safe, and communication continues with oversight.
Review arrangements regularly. As circumstances change (for example, a parent receives support or therapy), arrangements can be varied.
How KLM Solicitors Can Assist
We help separated parents navigate the intersection of domestic violence and parenting law:
Advising on the implications of existing Protection Orders or DVOs on parenting arrangements.
Preparing Consent Orders, Parenting Orders and supporting applications to the Federal Circuit and Family Court.
Advocating for safety‑focused arrangements and representing clients at hearings when risk is present.
Liaising with child‑safety agencies and other professionals where required.
Contact Us Today For More Information.