Parenting Arrangements and Domestic Violence: Protecting Children After Separation
When separation or divorce involves domestic or family violence, parenting arrangements become both more complex and more critical. Ensuring a child’s safety while considering ongoing parental relationships requires careful legal guidance and a strong understanding of how the law applies in high-risk situations.
This article explains how parenting arrangements are approached in Queensland when domestic violence is present, and how KLM Solicitors supports parents navigating this challenging intersection of family law and safety concerns.
The Legal Framework: What the Court Considers
Under the Family Law Act 1975, the Court’s paramount consideration when making parenting orders is the best interests of the child. Where family violence or child abuse is alleged or established, the Court must give primary consideration to protecting the child — and any person caring for the child — from harm.
In Queensland, state-based domestic violence laws intersect with the federal family law system. Existing Domestic Violence Orders (DVOs) and Protection Orders are highly relevant and must be carefully considered alongside any parenting arrangements.
Why Domestic Violence Changes Parenting Arrangements
Where domestic violence is present, the Court may make different decisions about where children live, how time with a parent occurs, and how communication is managed.
Factors such as whether a Protection Order exists, the nature of any allegations, and the assessed level of risk can significantly influence outcomes. In some cases, parenting orders may modify or override existing arrangements where safety concerns require it, including the use of supervised time or restricted communication.
The focus remains on balancing meaningful relationships with the need to ensure children — and protective parents — are safe.
Key Factors the Court Considers
When determining parenting arrangements in the context of domestic violence, the Court may consider:
The safety of the child and any person caring for them
Risks of family violence, abuse, or coercive control
The child’s developmental, emotional, psychological, and cultural needs
Each parent’s capacity to meet those needs safely
The benefit of a meaningful relationship with both parents, where safe
Any history of domestic violence orders or child protection involvement
Each case is assessed individually, with safety always taking priority.
Practical Steps to Protect Children After Separation
Parents navigating separation where violence is present should consider the following:
Seek legal advice early: Early guidance can help ensure steps are taken safely and strategically.
Consider formalising arrangements: Consent Orders or parenting orders may be appropriate where it is safe to do so.
Be realistic about time arrangements: Supervised or modified arrangements may be necessary.
Keep records and evidence: This may include Protection Orders, police reports, and communication logs.
Prioritise safety planning: Safe handover locations and monitored communication can be critical.
Review arrangements as circumstances change: Parenting arrangements can be varied where appropriate.
How KLM Solicitors Can Assist
KLM Solicitors supports parents navigating parenting arrangements where domestic violence is a factor by:
Advising on how DVOs and Protection Orders affect parenting matters
Preparing Consent Orders, parenting orders, and Court applications
Advocating for safety-focused arrangements in negotiations and hearings
Liaising with child safety agencies and relevant professionals where required
Our approach is clear, compassionate, and firmly focused on protecting children and supporting parents through complex legal decisions.
Speak With a Family Law Solicitor
If you’re concerned about parenting arrangements following separation where domestic violence is involved, early legal advice can make a meaningful difference.