Family Violence and Custody in South Australia: Safety, Orders, and Parenting Arrangements

Safety Is Now the Court's Top Priority

The Family Law Amendment Act 2023, which commenced on 6 May 2024, restructured the best-interests framework under Section 60CC of the Family Law Act 1975. The single most important change: child safety and the safety of caregivers is now the first consideration the court evaluates, ahead of the value of maintaining relationships with both parents.

This matters enormously for families where violence is present. Under the old framework, courts were required to balance two competing presumptions — meaningful relationship with both parents against protection from harm. In practice, relationship preservation sometimes won, even when the evidence of violence was strong. The reformed law removes that tension by placing safety at the top of the hierarchy.

State Intervention Orders and Federal Parenting Orders

South Australia operates a dual system. State-based Intervention Orders (issued by the SA Magistrates Court under the Intervention Orders (Prevention of Abuse) Act 2009) address immediate safety — they can prohibit contact, impose exclusion zones around the family home, and restrict communication.

Federal parenting orders deal with the child's longer-term living and time arrangements. The two sets of orders can coexist, but they can also conflict. If a state Intervention Order prohibits a parent from contacting the child while a federal consent order grants that parent weekend time, the orders need to be aligned with the safety restrictions — and the practical confusion this creates is a serious problem for families navigating both systems.

When there is an active Intervention Order, the parenting arrangements should be reviewed and, where necessary, varied in the FCFCOA so they align with the safety restrictions.

Exemptions From Mandatory Mediation

Family Dispute Resolution is mandatory before filing a parenting application with the FCFCOA — but a history or risk of family violence or child abuse can qualify for an exemption under Section 60I(9), along with other statutory exemptions. A Family Dispute Resolution Practitioner can issue a Section 60I certificate stating that FDR is "inappropriate to conduct" when there's a history of violence, coercive control, or a safety risk that makes safe negotiation impossible.

This means the affected parent can file directly with the court without attempting mediation, avoiding the risk of face-to-face sessions with an abusive partner.

The Department for Child Protection (DCP)

In South Australia, the Department for Child Protection operates under the Children and Young People (Safety) Act 2017. DCP handles mandatory notifications of child abuse and neglect — and anyone can make a report.

When DCP becomes involved in a family, their assessment and any resulting care and protection orders can affect parenting proceedings. If DCP has placed a child on a safety plan or removed a child from a parent's care, the FCFCOA will consider that evidence when deciding parenting arrangements.

A parent involved in family court proceedings who is also subject to DCP involvement should disclose this to the court, as failure to do so can damage credibility.

Supervised Contact and Safety Provisions

Where the court determines that unsupervised contact poses a risk to the child, it can order supervised visitation. In Adelaide, supervised contact centres operated by organisations like Relationships Australia SA provide neutral, monitored environments where a parent can spend time with their child under professional observation.

Supervised contact orders are not permanent in most cases. They're typically used as a transitional measure — with conditions for the parent to demonstrate behavioural change (through counselling, anger management programs, or drug and alcohol treatment) before moving toward unsupervised time.

Documenting Violence for Court

If you're preparing a parenting application that involves allegations of family violence, the Notice of Child Abuse, Family Violence or Risk form is mandatory. This is a formal disclosure document filed with the FCFCOA at the time of the application.

Useful evidence to compile:

• Copies of Intervention Orders and police incident reports
• Medical records documenting injuries
• Screenshots of threatening messages (preserved with timestamps)
• Records of DCP involvement or notifications
• Statements from witnesses (neighbours, teachers, family members)

The South Australia Child Custody & Parenting Plan Guide includes a safety planning section that walks through how to structure parenting proposals when violence is a factor — covering supervised changeover logistics, communication boundaries, and how to present safety concerns in your court documents.

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