Family violence and children

At Genuine Legal, we understand how important it is to keep children safe from the harmful effects of family violence. The Family Law Act of 1975 is a significant law that helps protect both grown-ups and kids from the upsetting impact of abuse at home.

Understanding How It Affects Children

Section 4(1) of the Family Law Act explains that harm to a child includes causing serious emotional pain, especially when it comes from family violence. Going deeper into this, Section 4AB says a child is exposed to family violence when they see or experience its effects.

Family violence, as the law describes it, includes different situations like hearing threats, seeing attacks, helping a family member who has been hurt, cleaning up after property damage, or being there when a family member is hurt. It is important to know that family violence affects children in many ways beyond these examples.

Dealing with Legal Steps

When there are claims of family violence or child abuse in a parenting matter, Section 67Z makes it necessary to inform the Court. Anyone involved, like a party in the case, a Children’s Lawyer, or someone else, must submit a "Notice of child abuse, family violence, or risk."

Understanding Child Protection Law

Child protection law is managed by state and territory governments. Child welfare agencies can step in if they hear about harm or a big risk to a child in a family. Special orders, called child protection orders, are issued by state or territory children's courts when a child needs protection. These orders are different from family law and family violence orders.

Children can be exposed to domestic and family violence in many ways - beyond just seeing or hearing it. That is why when it happens in a family with children, it is always considered child abuse. If you are worried about family violence and how it affects children, our team at Genuine Legal is here to offer personalised guidance and support.