Case: interim decision about violence

Case: interim decision about violence

In Schafer and Becker, the mother sought to limit the amount of time that the father had with the children, based on her assertion that he was violent.

The most significant evidence that the mother had about the violence was that when the child E: “returns from time spent with his Father he is “out of control”, “violent”, “destructive” and “abusive”, and in particular he is violent and abusive towards his Mother and family members” and “the Father, in the presence of the Child E, “went berserk” screamed very aggressively, and was yelling and spitting, and was so angry at the Mother that the Mother says she was fearful for her safety”.

The mother sought to rely on police documents including the father’s criminal history.

Federal Magistrate Lucev ruled that on an interim basis the police documents were inadmissible because:

“The documents:
do not reveal that any family or domestic violence orders have been taken out;
do not reveal that there has been any violence in, or in relation to the Children, or that they have been exposed to any violence; and
reveal that the one matter which went to Court (involving the Father and the police), and upon which considerable emphasis was placed in the hearing, was dismissed with a costs order in favour of the Father.
In the circumstances, the bundle of often repetitious hearsay documents which reveal no actual or potential risk of exposure of the Children to violence, and which seek to potentially significantly prejudice the Father will not be admitted for the purposes of the interim application.”

The mother was ultimately unsuccessful on limiting the amount of time based on the issue of violence- there was simply not enough evidence.

An illustration perhaps of the need to ensure that affidavit material is extremely thorough, even at an interim stage, when relying on allegations of violence. Or put another way- plenty of assertion, not enough evidence.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Can I Move Away With My Child? Relocation Law in Australia

Relocation cases sit among the most difficult parenting disputes in Australian family law. They usually arise when one parent wants to move with a child, or has already moved, in a way that reduces the other parent’s time or involvement. That move might be to another suburb, another regional town, another state, or overseas. These… Read More »Can I Move Away With My Child? Relocation Law in Australia

Who is a Parent By Stephen Page

The question sounds simple. Who is a parent? In law, it is anything but simple. Biology matters. Birth matters. Intention matters. Paperwork matters. State law matters. Federal law matters. Sometimes they line up neatly. Sometimes they collide in ways that leave families, lawyers and government departments wrestling with very uncomfortable uncertainty. That is especially true… Read More »Who is a Parent By Stephen Page

Posthumous Conception in Victoria: Retrieval, Consent, and the Law

Posthumous conception cases in Victoria sit at the intersection of grief, medicine, and strict statutory rules. They are deeply personal matters, but they are also highly technical. Timing matters. Consent matters. Process matters. And one of the hardest truths for families is that retrieving eggs, sperm, or embryos is often easier than being legally allowed… Read More »Posthumous Conception in Victoria: Retrieval, Consent, and the Law

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board