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Australian Family Law — General Information

How does a family violence order affect custody?

Short Answer

Family violence orders can significantly affect parenting arrangements, especially at interim hearings where the court takes a cautious approach.

Get help preparing an IVO response →How guided support works

The Legal Position

The court must consider family violence under s 60CC and prioritises protection from harm. At interim hearings, the court often takes a risk-based approach. However, the Family Court can make parenting orders that override inconsistent intervention order conditions under s 68R.

s 60CC Family Law Act 1975 (Cth)
s 68R Family Law Act 1975 (Cth)
Family Violence Protection Act 2008 (Vic)

Watch

IVOs treated as findings in court

IVOs shape parenting outcomes

How IVOs impact family court decisions

Intervention orders and custody implications

The intersection of IVO and family court requires careful strategy from the start.

Get help preparing an IVO response →How guided support works