The Divorce Course Podcast

Family & Domestic Violence and how it impacts on your case in The Family Court


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How does family violence affect your family court outcome? Lyn, a family law specialist explains five tips on how to present the family violence to the family court in a way that the court will take note. We also explore what kind of orders the family court might make in an attempt to keep your children safe if there has been family violence in the past.  We also discuss the myths that are still floating around about domestic violence, coercive control and the family court.

 

Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

 

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Podcast Episodes that are related to this topic

COERCIVE CONTROL PODCAST EPISODE 

Domestic-violence-and-family-violence-part-2

 

Resources that might help you

  • Examples of Coercive Control
  • Consent Tea Video
  • FCFCOA Notice of child abuse, family violence or risks containing examples of how the family violence may affect your children.

You Don’t Want to Miss Out On

  • The FCFCOA’s current general approach towards domestic violence
  • How does the Family Court manage the risk of a violent parent
  • The balancing act the court has to do between a child's right to see both parents and a child’s safety.
  • How does the family court protect your children from psychological and physical harm when family violence has occurred. 
  • Unacceptable Risk, Risk or No Risk and how the court may determine this. 
  • 5 general tips on how to present the effect the family violence has had on you and your children in family court. 
  • How the family court looks for signs of rehabilitation
  • Can a family court order someone to get counselling
  • Have people in the past lied and used family violence or dv as a tool to get custody of the children 
  • Five tips on how to present your case to the family court
  • How to lay out the facts in an affidavit
  • Why it's important to focus on the kids and the impact on them during the family court process.
  • What are examples of how the domestic violence that happened to you impacted on the children?
  • Why is it important to show the family court any family violence that has occurred after separation. 
  • Why it is important to focus on the facts while dealing with the Family Court and explaining what occurred.
  • Things to be mindful of when referring to your diary or journal during family court proceedings.
  • The pendulum of effects of domestic violence and how to be aware of it when you are going through your divorce process.
  • What kind of orders does a court make to ensure children are safe if family violence has occured. 
  • Contact centres and how they work and why they are used.
  • What happens if family violence occurs again. 
  • When would your case be reopened in the family court after you’ve had final orders. 
  • If there is family violence does the court make the children no contact with that parent?
  • Myths floating around about DV and Family Court.
  • Coercive control and examples of how it affects your children.

If you need emergency help you can also contact:

  • WOMEN'S SHELTER SERVICE 
  • LEGAL AID
  • Lifeline 13 11 14
  • Mensline Australia 1300 789 978
  • Kids Help Line 1800 551 800
  • Aboriginal Family Domestic Violence Hotline 1800 019 123
  • Relationships Australia 
  • Police on 000
  • DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill
  • DV Connect Mensline on 1800 600 636
  • National DV line on 1800 737 732.1800RESPECT 1800 737 732

Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you. 

Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

 

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The Divorce Course PodcastBy Laura & Lyn

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