Around the world, one in three women experiences domestic violence. In Australia, one woman is killed every week due to domestic violence. It is a severe problem that can have a ripple effect on many parts of a victim’s life. One such ripple is how domestic violence allegations can affect child custody in Australia.
Domestic violence can sadly be used as a tool by one parent to gain an advantage in child custody proceedings. This blog post will explore how the courts view domestic violence allegations when it comes to child custody and what you can do if you find yourself in this situation.
What Is Domestic Violence?
Domestic violence is a pattern of behaviour where one person in a relationship tries to control or dominate the other. It can take many forms, including physical, emotional, financial, sexual and psychological abuse.
Abuse can happen in relationships of all kinds, including married couples, partners living together, unmarried couples, same-sex couples and family members. Anyone can be a domestic violence victim, regardless of age, gender or cultural background.
How Can Domestic Violence in Australia Affect Child Custody Arrangements?
If you are experiencing domestic violence in Australia, it is essential to get help. Various support services available can provide you with practical and emotional assistance.
The Family Law in Australia recognises domestic violence as a serious issue and can significantly impact children. When deciding child custody and visitation, the court will consider any history of domestic violence.
If the court finds a history of domestic violence, it may order supervised visitation or prohibit the abusive parent from having any contact with the child. The safety of the child is always the paramount concern of the court.
If you are involved in a custody dispute, and there are allegations of domestic violence, it is important to seek legal advice as soon as possible. An experienced family lawyer can advise you of your rights and options and help you protect your interests and the interests of your children.
What Factors are Taken into Consideration When Deciding on Custody Arrangements?
There are many factors that the court will take into consideration when deciding on custody arrangements in Australian Family Law. These factors include:
- Child’s age and stage of development
- Child’s physical and mental health
- Child’s relationship with each parent
- The ability of each parent to provide for the child’s needs
- Parenting style of each parent
- Financial resources of each parent
- Work commitments of each parent
- The geographical proximity of each parent to the child’s home
- Any history of domestic violence or abuse.
Can Fathers Be Victims of Domestic Violence? How Does This Impact Their Ability to Have Custody of Their Children?
Fathers can be victims of domestic violence too. Domestic violence in Australia does not discriminate based on gender.
However, fathers who are victims of domestic violence may have a more challenging time getting custody of their children than mothers who are victims of domestic violence. This is because courts often presume that mothers are better caregivers than fathers. Nevertheless, this presumption can be rebutted by evidence showing that the father is a capable and loving parent.
What Resources Are Available for Victims of Domestic Violence Who Are Also Fighting for Child Custody?
Various support services are available for victims of domestic violence who are also fighting for custody of their children in Australia.
One such resource is the Family Law Courts, which offer services to help families resolve disputes. These services include mediation, counselling and legal advice. The Family Law Courts can also provide protection orders to help keep victims safe from their abusers.
Another resource available to victims of domestic violence is the Australian Federal Police, which can assist with investigations and prosecutions.
Additionally, many support services available can help victims of domestic violence cope with the trauma they have experienced and rebuild their lives. These services include crisis counselling, support groups and legal assistance. With the proper support, victims of domestic violence can overcome their experiences and fight for the custody of their children.
How Madison Marcus Can Help You
If you are a victim of domestic violence and are involved in a custody dispute, it is important to seek legal advice as soon as possible. Our family law experts here at Madison Marcus can help you protect your interests and the interests of your children. For all enquiries or a free 15-minute consultation,contact us here.
