Family Violence and Mediation

The Family Law Act 1975 defines ‘family violence’ in section 4AB of the Act as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful. Examples of behaviour that may constitute family violence include (but are not limited to):

An assault; or

• A sexual assault or other sexually abusive behaviour; or
• Stalking; or
• Repeated derogatory taunts; or
• Intentionally damaging or destroying property; or
• Intentionally causing death or injury to an animal; or
• Unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or
• Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
• Preventing the family member from making or keeping connections with his or her family, friends or culture; or
• Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

‘Child abuse’ is defined in section 4 of the Act as:

An assault, including a sexual assault, of the child; or

• A person (the first person ) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or
• Causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or
• Serious neglect of the child.

Under section 60I(9)(b) of the Act, if there are reasonable grounds to believe that there has been child abuse or family violence by a party, or a risk of either of these, a party who wishes to make an application for Parenting Orders is not required to engage in a dispute resolution process before filing the application.

If you require assistance with a custody dispute or obtaining parenting orders, particularly where family violence or an AVO is in issue, our experts at Prime Lawyers – Family Law Division can help. Contact us to make an appointment with a family lawyer at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.