Can I see my children with a Family Violence Intervention Order in place?

Family Violence Intervention Orders & Parenting Arrangements

Written by Dannielle Wright

Family Violence Intervention Orders (“FVIO”) are designed to protect a person, their children (“the Protected Person”) and their property from a family member, partner or ex-partner (“the Respondent”) from domestic violence. However, in the event that a child is listed as a Protected Person on the FVIO, it does not necessary mean that the parent subject to the FVIO will be denied access to spend time with their children. This is often dependent on the child’s best interests and the conditions outlined in the FVIO.

Whilst each FVIO is unique, when children are involved, it is common for a “family law” condition to be imposed on the FVIO. These conditions may, for example, allow the Respondent to:

1. Do anything that is permitted by the Family Law Act or a Court Order, a Child Protection Order or a written agreement about child arrangements;

2. Negotiate child arrangements by letter, email or text message; and/or

3. Communicate with a Protected Person through a lawyer or a mediator.

These conditions allow for people who have children listed on a FVIO, to continue to negotiate and fulfill parenting arrangement.

It is important to understand the conditions of your FVIO to ensure that the FVIO is complied with. In Victoria, IVO breaches are treated as serious criminal offences by Police and Courts and could be punishable by a fine or term of imprisonment. As such, it is essential to obtain legal advice to understand your FVIO and to clarify what you can and cannot do when subject to an FVIO.

If you require any assistance with your FVIO matter or parenting matter, our experienced family lawyers can assist you on (03) 9311 8911