Allegations of family violence and child abuse

“Family violence” has an expanded definition under s 4AB(1), FLA and includes violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful.

Examples of family violence can include:

• • assaults;
• • sexual assault;
• • derogatory language;
• • causing damage to property;
• • injury to animals;
• • denying financial support;
• • preventing contact with other family members; or
• • depriving a family member of their personal or financial autonomy.

Exposing a child to any such acts can also be said to constitute family violence: s 4AB(3), FLA.

Where allegations of family violence have been made in the evidence, personal cross-examination between an alleged perpetrator and an alleged victim are now no longer permitted and the cross-examiner is required to obtain legal representation to conduct the cross-examination.

Unacceptable risk of harm test

Where the court is asked to make orders as to whether a child should spend time with a parent when there are allegations of sexual or other serious abuse, it is not necessarily required to make a finding that an offence has occurred. It is sufficient if the court finds that there is an unacceptable risk that the child might be exposed to harm in making its orders. The court is required to achieve a proper balance between the benefit to the child of having access to her parent and the risk of detriment if that access should be allowed.

See Allegations of family violence and child abuse.