Child Custody and Domestic Violence in Brisbane: What You Need to Know

Domestic violence is a significant issue that affects many families in Brisbane. Unfortunately, this issue can become even more complicated when child custody is involved. In this article, we’ll discuss what you need to know about child custody and domestic violence in Brisbane, including relevant statistics and perspectives from various stakeholders.

Statistics on Domestic Violence in Brisbane

Domestic violence is a serious issue in Brisbane, with one in six women experiencing physical or sexual violence from a current or previous partner. Additionally, on average, one woman is killed every week in Australia by their current or former partner.

When it comes to children, the impact of domestic violence is also significant. According to the Australian Institute of Family Studies, children who witness domestic violence are at increased risk of experiencing behavioral and emotional problems.

The Impact of Domestic Violence on Child Custody

When domestic violence is present, the safety and well-being of the children must be the top priority. In cases where domestic violence is an issue, child custody arrangements can be more complex, and the court will consider several factors when determining the best interests of the child.

In Brisbane, the Family Law Act 1975 sets out the principles that the court must follow when making decisions about child custody arrangements. These principles include ensuring that the child’s best interests are the paramount consideration, considering the benefit of the child having a meaningful relationship with both parents and protecting the child from harm.

In cases where domestic violence is present, the court may order supervised visitation or require the perpetrator to complete a behavior change program before allowing unsupervised visitation.

Challenges for Domestic Violence Survivors

For domestic violence survivors, navigating the legal system can be a daunting and challenging experience. Survivors may fear retaliation or escalation of violence from their abuser, and they may also face financial barriers to accessing legal representation.

Additionally, the court may not always prioritize the safety of the survivor and the children, and in some cases, may order joint custody or unsupervised visitation despite evidence of domestic violence.

Support for Domestic Violence Survivors

If you are a survivor of domestic violence in Brisbane, it’s essential to know that you’re not alone. There are several organizations and resources available to help, including:

• DVConnect: A statewide domestic violence hotline that provides crisis support and referral services.
• Women’s Legal Service Queensland: A free legal service that provides legal advice and support to women experiencing domestic violence.
• The Domestic Violence Resource Centre Victoria: A comprehensive resource center that provides information, support, and referrals to people experiencing domestic violence.

It’s important to remember that domestic violence is never acceptable, and survivors should seek help and support as soon as possible.

Conclusion

Domestic violence is a serious issue that can impact child custody arrangements in Brisbane. When domestic violence is present, the safety and well-being of the children must be the top priority. Survivors of domestic violence may face challenges navigating the legal system, but there are several resources and organizations available to help. If you or someone you know is experiencing domestic violence, seek help and support immediately.

FAQ

How Does Domestic Violence Affect Child Custody?

When a child is exposed to domestic violence, it can have long-term psychological and emotional effects. In some cases, a court may decide that the parent responsible for the domestic violence should not have custody or visitation rights.

How Can Aylward Game Solicitors Help?

Aylward Game Solicitors is a family law firm in Brisbane with experienced lawyers who specialise in child custody and domestic violence. Our lawyers understand the complexities of child custody cases and are committed to providing the best possible outcome for our clients.

What Services Does Aylward Game Solicitors Offer?

At Aylward Game Solicitors, we offer a comprehensive range of services for clients dealing with child custody and domestic violence. This includes representation in court, advice on legal matters, and representation in mediation. We also provide support to victims of domestic violence and their families, including legal advice and assistance in obtaining protection orders.

What Legal Options Are Available to Victims of Domestic Violence?

Victims of domestic violence have a number of legal options available to them. This includes obtaining a protection order, filing for divorce, and seeking child custody and visitation rights. Our experienced lawyers can provide advice and assistance in all of these areas.