Family Violence and Custody Orders in NSW

Under the post-2024 reforms to the Family Law Act 1975, safety is now the first consideration in any parenting dispute. If family violence is present — or has been present — it directly shapes the court's decisions about who a child lives with, spends time with, and how contact is managed.

The Family Law Amendment Act 2024 (commencing June 2025) expanded the definition further, explicitly recognising economic and financial abuse as forms of family violence.

How Family Violence Affects Parenting Orders

The amended Section 60CC requires the court to consider what arrangements best promote the safety of the child and the child's carers. This includes:

• Direct violence toward the child (physical, emotional, sexual abuse)
• Violence toward a parent or household member that the child witnesses or is exposed to
• Controlling, coercive, or intimidating behaviour by one parent toward the other
• Threats of violence, including threats to harm pets or damage property
• Economic abuse — restricting access to money, preventing employment, controlling financial decisions

When family violence is established, the court weighs it against the benefit of the child maintaining a relationship with the violent parent. Since the 2024 reforms, safety takes priority — the court does not start from a position of preserving the relationship at all costs.

Apprehended Domestic Violence Orders (ADVOs) and Custody

In NSW, state courts (Local Court and District Court) issue Apprehended Domestic Violence Orders (ADVOs) under the Crimes (Domestic and Personal Violence) Act 2007. An ADVO is a protective order — it doesn't determine custody, but it directly affects how parenting arrangements work:

• If an ADVO prohibits the respondent from contacting or approaching the protected person, the parenting schedule must work around those restrictions
• An ADVO doesn't automatically prevent a parent from spending time with their child — but the court must ensure that contact arrangements don't conflict with the ADVO conditions
• If both a parenting order and an ADVO exist and they conflict, the more recent order generally takes precedence, but the court can harmonise them
• The existence of an ADVO is relevant evidence in FCFCOA parenting proceedings — the family court must consider it, though it's not determinative on its own

Provisional ADVOs (issued by police on the spot) carry less weight than final ADVOs (issued by a court after a hearing), but both are relevant to the FCFCOA's assessment.

Supervised Visitation

When the court determines that unsupervised contact poses a risk to the child but that some relationship with the parent should be maintained, it can order supervised time. This means the parent's contact with the child occurs in the presence of an approved supervisor.

Types of supervision:

• Professional supervised contact centres — organisations like CatholicCare, Relationships Australia, or private supervised contact services provide neutral, observed environments. The supervisor documents the visit and can report to the court.
• Family member supervision — the court may approve a grandparent, aunt/uncle, or other trusted adult to supervise visits. This is less restrictive and less expensive, but depends on the supervisor's ability to intervene if needed.
• No supervision (conditions instead) — sometimes the court orders contact with conditions rather than supervision — for example, no alcohol during parenting time, no overnight stays, or no contact with a specific third party.

Cost: Professional supervised contact services typically charge $80 to $150 per visit. Some services are subsidised by Legal Aid NSW for eligible families.

Skipping Mediation — The Family Violence Exemption

Under Section 60I(9), you can apply directly to the FCFCOA for parenting orders without a Section 60I certificate if there are reasonable grounds to believe family violence has occurred or is imminent. You'll need to file an Affidavit explaining the grounds for the exemption.

This exemption exists because mediation assumes a baseline of safety and equal bargaining power. When family violence is present, joint mediation can be dangerous — it puts the victim in a room with the perpetrator and creates opportunities for further intimidation.

Practical Steps If You're Experiencing Family Violence

1. Ensure immediate safety — call 000 if you or your child is in danger. Contact the NSW Domestic Violence Line (1800 656 463) for 24/7 crisis support.
2. Apply for an ADVO — through NSW Police or directly at the Local Court.
3. Get legal advice — Legal Aid NSW prioritises family violence matters and can provide grants of legal aid for parenting proceedings involving violence.
4. Document everything — save text messages, photographs, medical records, and police reports. Keep evidence in a secure location the other parent cannot access.
5. File for parenting orders — using the family violence exemption if needed. Request specific conditions that protect both you and the child.

What to Include in Your Application

When applying for parenting orders in a family violence context, your affidavit should address:

• Specific incidents of violence (dates, what happened, any witnesses or police involvement)
• The impact on the child (behavioural changes, anxiety, nightmares, regression)
• Any existing ADVOs or intervention orders and their conditions
• What arrangements you're proposing and how they protect the child's safety
• Whether you're seeking supervised contact, no contact, or contact with conditions

For a detailed guide to navigating custody when family violence is a factor — including safety planning, preparing your affidavit, and understanding how the court balances safety against contact — the NSW Custody & Parenting Plan Guide covers the process with practical guidance for protective parents.

See more New South Wales guides →