SUCCESS STORY

Victoria

Federal Circuit and Family Court of Australia – Children’s Best Interests Upheld in Parenting Dispute

EAS Legal represented a mother in the Federal Circuit and Family Court of Australia in a contested parenting dispute involving family violence allegations. Despite opposing parties seeking supervised contact, the Court prioritised the children’s safety, trauma, and wishes, upholding their best interests.

  • Family Violence
  • |
  • Interverntion Order

Case Overview

Charge: Family violence

Client: Female client

Court Location: Federal Circuit and Family Court of Australia

At EAS Legal, we recently represented a client in the Federal Circuit and Family Court of Australia in a highly contested parenting matter involving serious allegations of family violence.

The matter proceeded to an interim defended hearing, where the key issue before the Court was whether the father should have supervised contact with the children.

The case was complex. Various reports had been prepared, including a Family Report which assessed the father as a low risk and a psychological report assessing him as a moderate risk. The father had also managed to evade most criminal charges, although a full Intervention Order remained in place.

Despite these concerns, the Independent Children’s Lawyer (ICL) and the father’s legal representatives continued to advocate for supervised contact between the father and the younger children.

Our Approach

From the outset, EAS Legal took a firm and child-focused approach.

We placed significant emphasis on:

  • The children’s clearly expressed wishes, despite their young age
  • The severe trauma the children had experienced as a result of the family violence
  • The emotional distress the children displayed when the prospect of contact with the father was raised
  • The ongoing psychological risk to the children

Prior to the hearing, we raised these concerns with both the ICL and the opposing party, highlighting the seriousness of the children’s trauma and their resistance to contact. Despite this, the other side remained persistent

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