- Domestic and family violence may be relevant in a property settlement. As every case is different, it’s important to get legal adviceACTNSWNTQldSATasVicWA.
- It is important to tell your lawyer if you have experienced domestic and family violence as it may change the legal advice they give you, and it allows them to run your case in a safe way.
- Domestic and family violence violence is also relevant if you need orders for your protection.
- See I have experienced domestic and family violence – can the Family Courts make orders for my protection?
- Domestic and family violence may be relevant in a property settlement. As every case is different, it’s important to get legal adviceACTNSWNTQldSATasVicWA.
- It is important to tell your lawyer if you have experienced domestic and family violence as it may change the legal advice they give you, and it allows them to run your case in a safe way.
- Domestic and family violence violence is also relevant if you need orders for your protection.
- See I have experienced domestic and family violence – can the Family Courts make orders for my protection?
- it may change the legal advice they give you and how they run your case
- the most important consideration for the court when deciding what is in your child’s best interests is the need to protect them from harm
- if your case goes to the Family Courts, the law says you must tell the court if there’s been any domestic and family violence
- it may change whether Family Dispute Resolution (mediation) is appropriate in your case. See I have experienced domestic and family violence – do I have to go to Family Dispute Resolution?
- your lawyer may be able help to make safe arrangements if you have to go to court or Family Dipute Resolution
- your lawyer can often help you with referrals to support services
- the law recognises the negative effect of domestic and family violence on children – this includes when children are exposed to domestic and family violence.
If you have Parenting Orders in place and experience domestic and family violence, it is important to get legal adviceACTNSWNTQldSATasVicWA and consider how domestic and family violence affects children.
If you are in the Magistrates’ Court or the Local Court for a Domestic Violence Order and there are already family law Parenting Orders in place, you must tell the court.
The Magistrates’ Court or the Local Court can change or stop the Parenting Orders if they are not safe or if they would not work with the Domestic Violence Order. It’s important to get legal adviceACTNSWNTQldSATasVicWA about this.
If the court doesn’t change the Parenting Order and those orders are not safe or don’t work with the Domestic Violence Order, get legal adviceACTNSWNTQldSATasVicWA.
You may need to go back to the Family Courts. See how can I change Parenting Orders?
Sometimes, the Family Courts may change or stop your Parenting Order. Or sometimes, the Family Courts can also make Parenting Orders that override parts of your Domestic Violence Order. The Family Courts think very carefully before doing either of these options. It will depend on your situation.
If there are differences between a Parenting Order and a Domestic Violence Order, the Parenting Order overrides the Domestic Violence Order to the extent of the difference.
However, it can depend on what your Domestic Violence Order says and on what your Parenting Order says. What you should do will also depend on what happened in your situation, so it is important to get legal adviceACTNSWNTQldSATasVicWA.
- Family Court of WA – De facto relationships
- Family Court of WA – Property and financial cases
Video
- Legal Aid Western Australia – Property and Money video
If you have experienced domestic and family violence and are thinking about making arrangements for your children, it is important to get legal adviceACTNSWNTQldSATasVicWA and consider how domestic and family violence affects children.
A Domestic Violence Order may or may not affect your arrangements for the children. It will depend what your order says and on your situation so you should get legal adviceACTNSWNTQldSATasVicWA.
If there’s a Domestic Violence Order in place, parents may be able to:
• do Family Dispute Resolution (mediation) to try to reach an agreement about the children. Some but not all people prefer to do mediation rather than go to court. In some cases you may need to change the Domestic Violence Order to go to mediation
• go to the Family Courts for Parenting Orders. You must give the Family Courts a copy of any Domestic Violence Orders and it is very important to tell the court about any domestic and family violence.
Each case is different, so if you have a Domestic Violence Order and want to know what you can do, get legal adviceACTNSWNTQldSATasVicWA. Also see arrangements for children.