8,083
edits
Changes
→Family violence under the Family Law Act
* parenting arrangements and what is in the best interests of a child.
Part 9 of the ''Act'' deals with protection orders that can restrain a family member from communicating with, following, or going near another family member, or from possessing weapons. These If the terms of a protection orders are discussed firstbroken the person may be criminally charged for breaking a court order.
Part 10, Division 5 of the ''Act'' deals with conduct orders, which are a category of orders used to manage behaviours which might frustrate resolution of family matters. Conduct orders can also restrain a family member from communicating with, following, or going near another family member, but are enforced in family court. Part 4, Division 1 of the ''Act'' deals with care of and time with children. Sections 37 and 38 show how important outline the ways that family violence is as a factor to consider ''must'' be considered by courts when :* assessing the ''best interests of a child'', or * making an agreement or order about care of and time with children ===Am I a family member?===In order to apply for certain categories of orders under the ''Family Law Act'', you must be defined as one.Section 1 of the ''Act'' says:<blockquote><tt>"family member", with respect to a person, means</tt></blockquote><blockquote><blockquote><tt>(a) the person's spouse or former spouse,</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) a person with whom the person is living, or has lived, in a marriage-like relationship,</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) a parent or guardian of the person's child,</tt></blockquote></blockquote><blockquote><blockquote><tt>(d) a person who lives with, and is related to,</tt></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(i) the person, or</tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(ii) a person referred to in any of paragraphs (a) to (c), or</tt></blockquote></blockquote></blockquote><blockquote><blockquote><tt>(e) the person's child,</tt></blockquote></blockquote><blockquote><blockquote><tt>and includes a child who is living with, or whose parent or guardian is, a person referred to in any of paragraphs (a) to (e)</tt></blockquote></blockquote>
===Definition of family violence===