Case study:
Suspending Parenting Orders

Successfully Securing a Final Intervention Order whilst Suspending Existing Parenting Orders:

Family Violence Intervention Order proceedings often intersect with parenting proceedings in the Federal Circuit and Family Court of Australia. This can create particularly complex legal issues where one Court has made parenting orders requiring a child to spend time with a parent, whilst another Court is asked to determine whether family violence has occurred and whether contact should be restricted.

Many people are unaware that, in appropriate circumstances, the Magistrates’ Court has the power under section 68R of the Family Law Act 1975 (Cth) to suspend, vary or revive parenting orders where this is necessary to protect a child or an affected family member from family violence.

These powers are exercised cautiously. The Court must carefully balance the importance of children maintaining meaningful relationships with both parents against its paramount obligation to ensure the safety and wellbeing of children.

Our office recently acted for a father in proceedings involving a child with significant additional and complex needs. Since parenting orders had previously been made in the Federal Circuit and Family Court, there had been a substantial deterioration in circumstances.

The evidence demonstrated concerns regarding the mother, including ongoing substance misuse, unstable accommodation, behavioural concerns affecting the child, allegations of aggressive conduct towards disability support workers, and the need to maintain stability for a highly vulnerable child requiring intensive support.

As a result, our client sought both a Final Family Violence Intervention Order and orders suspending the existing parenting arrangements.

Proceedings and Submissions:

The Respondent did not appear at the hearing.

Despite the absence of the Respondent, the Court was still required to carefully consider the evidence before determining whether the statutory requirements for a Final Intervention Order had been met.

Our office relied upon submissions concerning the child’s circumstances since the previous Family Court orders were made, including an emphasis that circumstances had changed substantially, necessitating urgent protective intervention.

In addition to seeking final protective orders, our office made submissions that the existing parenting orders could no longer safely operate and that the Court should exercise its powers under section 68R of the Family Law Act 1975 (Cth).

During the hearing, it also became apparent, and unbeknownst to our office, that the Respondent had filed an Application to Revoke/Vary. That application was swiftly dismissed.

Final Outcome:

The Court granted the Final Family Violence Intervention Order sought by our client. The orders protected both our client and the child for a period of two years, reflecting the seriousness of the concerns before the Court.

Importantly, the Court also exercised its powers under section 68R of the Family Law Act 1975 (Cth) to suspend substantial parts of the existing parenting orders for the duration of the Intervention Order.

The effect of the suspended orders included restrictions on the Respondent contacting, communicating with, or spending time with the child and attending the child’s residence.

The suspension remains in effect for the duration of the Intervention Order unless it is varied or new Orders are made in the Family Court.

Following the outcome of these proceedings, our client was able to commence fresh parenting proceedings in the Federal Circuit and Family Court of Australia seeking amendments to the existing parenting orders. In the meantime, both he and the child had the reassurance of a Family Violence Intervention Order remaining in place to protect them while those proceedings were determined.

Why This Outcome Was Significant: 

Orders suspending existing parenting orders are relatively uncommon.
Courts generally strive to preserve children’s relationships with both parents wherever it is safe to do so. For that reason, a Magistrate will only interfere with Family Court parenting orders where satisfied that doing so is necessary to protect a child or affected family member from family violence.
In this matter, the Court accepted that the circumstances had changed substantially since the parenting orders were originally made and that immediate protective intervention was required.

Our Approach:

Cases involving both Intervention Order proceedings and Family Court parenting orders require a thorough understanding of two separate legal jurisdictions and how they intersect.
Although every matter has its own set of circumstances, this case demonstrates the importance of strategic advocacy where there are genuine concerns for the safety of children and families.
By presenting the evidence comprehensively and addressing the interaction between the Magistrates’ Court and Family Court jurisdictions, our office was able to secure an outcome that provided immediate protection and resolved the conflict between the existing parenting orders and the safety concerns before the Court.

Contact Us

If you are involved in both Family Court proceedings and Family Violence Intervention Order proceedings, it is important to obtain legal advice at an early stage. Please contact our office on (03) 8391 8411 to book a free 30-minute consultation with one of our solicitors.

Our experienced practitioners regularly appear in both jurisdictions and understand the complex interaction between parenting orders and family violence legislation.