Children’s Safety Comes First

The law also protects children who witness or are exposed to violence. A child who overhears threats, comforts an injured parent, or sees property smashed is legally regarded as having experienced family violence. When courts make decisions about children, they must treat the best interests of the child as the paramount consideration. One of the foremost factors is ensuring each child’s safety from violence or abuse (section 60CC(2)(a) Family Law Act). The court must actively weigh any history of family violence orders or allegations before making or changing parenting arrangements.

How the Courts Respond

Parenting orders and protection orders
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If a parenting order clashes with an existing family-violence order, the court has special powers under Division 11, Part VII to resolve that conflict. The purpose of these provisions (outlined in section 68N) is to ensure children and caregivers are not placed at risk when spending time together. In some circumstances a family-violence order will override an earlier parenting order; in others, the court can vary or suspend parenting terms so that protective conditions stay intact (see sections 68Q–68R).

Exemptions from mediation
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Ordinarily, separated parents are expected to attempt family-dispute resolutionbefore applying to court. However, when there are reasonable grounds to believefamily violence has occurred, or there is a risk it might, an immediate courtapplication can be made without mediation (section 60I(9)–(10)). This preventssurvivors from being forced into unsafe joint sessions and allows the court toput urgent safeguards in place.

Practical Protections Available Now

• Police or Magistrates’ protection orders (often called Intervention Orders or Domestic Violence Orders) can offer swift, enforceable conditions covering contact, residence, and even firearms.
• Urgent parenting orders can be sought in the Federal Circuit and Family Court of Australia to keep children safe or locate and recover a child who has been removed.
• Safety planning and referrals—we work closely with specialist support services, counsellors, and crisis accommodation providers so you are protected on every front, not just in the courtroom.

Our Approach: Compassionate, Clear, and Protective

Talking about family violence can feel overwhelming. At Stanley & Co Lawyers we listen without judgment, explain your rights in everyday language, and move quickly to secure the orders you and your children need. You will have a dedicated family-law solicitor - never a revolving door of contacts - guiding youthrough each step and keeping legal jargon to a minimum.

We combine genuine empathy with firm advocacy. That means:

• Clear advice on the likely outcomes and timelines.
• Strategic applications that place safety front and centre, whether in negotiations or court.
• Regular updates so you always know what happens next.

Why Choose Stanley & Co Lawyers?

• Specialist family-law focus - we practise exclusively in family and domestic-relationship matters, so you benefit from deep experience.
• Legislation-led guidance - every recommendation is grounded in the Family Law Act 1975, the Marriage Act 1961, and the latest case law.
• Holistic support network - we connect you with counsellors, financial advisers, and community resources to rebuild stability beyond the legal process.
• Flexible communication - phone, video, or in-person meetings at times that work for you.