Keeping kids safe - Interim FVROs
How can I get my FVRO to cover my children?
If you are applying for an FVRO to protect you from a family member, you need to ask the court to include your children on your FVRO. You will also need to show the court that either:
- the children have been exposed to family violence and they are likely to be exposed again, or
- there are reasonable grounds to fear the children will be exposed to family violence.
If the court is satisfied in accordance with this test, the court must make an order unless there are special circumstances that would make the order inappropriate. Special circumstances do not exist simply because you can or have or the respondent can apply, or has applied, for a family order.
Can I make a separate application for an FVRO to cover my children?
You can also apply for an FVRO for your children on a separate application form. You may need to do this if you already have an FVRO against the respondent, but it does not cover your children.
You will need to show the same things about your children being exposed to family violence as if you had included your children in your application.
What if there are existing Family Court orders?
When you apply for an FVRO, you need to tell the court if you have existing Family Court orders for your children. You should also get urgent legal advice about how the FVRO may affect the Family Court orders.
The court making the FVRO may be able to make an FVRO protecting your children, and may be able to temporarily suspend, cancel or change a Family Court order.
Starting Family Court proceedings
If you are experiencing family violence, you may be able to apply for parenting orders in the Family Court without going through Family Dispute Resolution.
You should see a lawyer to get legal advice about whether you need Family Court orders in your situation.
Child protection Children's Court proceedings
If you have a child protection Children's Court case, a magistrate an make an interim FVRO against a party in the case or someone who gives evidence in the case.