Effect of Domestic Violence on Children – 5 Assessment Considerations

Children’s exposure to domestic violence is a significant concern within family law. Effects of family violence influence decisions related to child custody and parenting arrangements. In these matters, the safety and well-being of children are primary considerations for the court and practitioners.

Family Law Act 1975

In Australia, under the Family Law Act 1975, safeguarding children from physical or psychological harm, including exposure to family violence, takes precedence over maintaining relationships with both parents. This legal framework acknowledges the profound impacts of domestic violence on children’s development, mental health, and overall well-being.

Effects of Children’s Exposure to Domestic Violence

Studies indicate that adolescents exposed to domestic violence may encounter various negative consequences, such as:

• Impaired cognitive functioning
• Behavioural issues
• Academic challenges
• Emotional difficulties

Age of Exposure to Domestic Violence

A child’s age of exposure may determine the long term effects domestic violence has on their life.

Younger children are particularly vulnerable to the effects of family violence. Effects will vary based on the child’s developmental stage and prolonged exposure within the home environment.

Older children or teens tend to exhibit more resilience. They benefit from engaging in external activities and supportive relationships.

How Effects of Family Violence are Assessed

Several key considerations guide family law practices when addressing children’s exposure to domestic violence:

1. Risk assessment. Evaluating the immediate and long-term risks posed to children by exposure to domestic violence.
2. Parental capacity. Assessing how domestic violence affects each parent’s ability to meet the children’s needs.
3. Safety planning. Implementing measures to ensure the safety of children and the other parent during contact arrangements.
4. Supervised contact. When necessary, courts may order supervised interactions between the perpetrator and children to ensure safety and oversee interactions.
5. Therapeutic interventions. Recommending participation in programs that address domestic violence, parenting skills, and counselling for both parents and children.

Challenges in Addressing Domestic Violence

Despite the legal emphasis on child safety, it is challenging to address domestic violence within family law proceedings. There may be varying recognition of domestic violence impacts by family report writers or the violence may be reframed as mutual conflict between parents. Cross-organisational collaboration is crucial for more comprehensive responses.

Considering the Child’s Best Interest

Children’s exposure to domestic violence presents complex issues in family law that demand careful consideration of safety, risk assessment, and long-term well-being. While legislative frameworks prioritise child protection, ongoing efforts are essential to improve responses within the family law system and ensure children’s best interests are consistently upheld in parenting arrangements.

How Can We Help?

At Greenhalgh Pickard, our team of Family Lawyers can guide you through the complexities of domestic violence. Book a consultation to discuss your concerns with a professional family lawyer.