The protection of parties and children in the midst of a family law dispute (especially those categorised by domestic violence) is crucial.
The Family Law Act provides the court with powers to make a personal protection Order for a child and/or party who:
- Is a parent of the child;
- Is a person the child lives with/spends time/communicates with under an Order;
- Is a person who has parental responsibility for the child.
The Orders can restrain the person from entering the following places in relation to the protected person/child:
- Place of residence;
- Place of employment;
- Place of education (such as school or daycare).
The court will make a personal protection Order when it considers it appropriate to do so for the welfare of the child/children.
A personal protection Order can provide the person/child a degree of safety especially when there are no Apprehended (Domestic) Violence Orders in place. The Act further provides that in some circumstances, the Police can arrest a person breaching a Family Law personal protection Order without a warrant.
Family Law Orders can also outline how parties are to communicate with each other. For example, in high-conflict matters, communication between parents can be restricted to email-only communication or communication via a Parenting App, such as Our Family Wizard.
Finally, the Family Law Act also provides the courts with the power to restrain one party from entering or remaining in the family home, giving the other party sole occupation of the home free from disturbance of the other party.
We understand how tough resolving a family law matter can sometimes be, but our team are here to support you to explore all options available, depending on your individual situation. To get started, or if you have any questions we are here to help in Bathurst, Oberon, Lithgow, and Orange by calling (02) 6331 2911.
Beatrice Patterson | Solicitor