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

WA surrogacy law: same-sex couples win landmark case

For far too long, Western Australia singled out gay couples, single men, and many others in the LGBTQIA+ community for unequal treatment under its surrogacy law. That discrimination has now been struck down in a landmark case, and it is a significant step forward for fairness, family formation, and legal common sense. The case was… Read More »WA surrogacy law: same-sex couples win landmark case

International Surrogacy Insights: Join Me at the Growing Families Conference

International surrogacy can open extraordinary possibilities for intended parents, but it also comes with legal complexity that should never be underestimated. The rules are different from country to country, sometimes from state to state within the same country, and what looks straightforward at the beginning can become very complicated once parentage, citizenship, travel and documentation… Read More »International Surrogacy Insights: Join Me at the Growing Families Conference

30 Years a Specialist & 21 Years Together: The Page Provan Story

Some anniversaries arrive with fanfare. Others sneak up quietly and then suddenly feel enormous. At the end of June and the beginning of July 2026, two milestones sit side by side. One marks 30 years as an accredited family law specialist. The other marks 21 years working alongside Bruce Provan. Together, they say something important… Read More »30 Years a Specialist & 21 Years Together: The Page Provan Story

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