ADVOs and Parenting Matters in NSW: How Can They Affect Your Children?

If an Apprehended Domestic Violence Order (ADVO) involves you and your former partner, questions about the children can become immediate. Can you still spend time with them? How will changeovers work if contact with the other parent is restricted? What happens if an ADVO appears to conflict with parenting orders that are already in place?

An ADVO can affect how parents communicate, arrange changeovers and spend time with their children. However, having an ADVO in place does not automatically mean that a parent cannot see their children. The practical effect will depend on the conditions of the order, the circumstances of the family and any existing parenting arrangements.

How do ADVOs and parenting arrangements overlap?

An ADVO is a court order made in NSW to protect a person from domestic violence. Depending on the order, it may place restrictions on contact, communication or proximity between the defendant and the protected person.

Parenting matters deal with different questions. They concern arrangements for children after separation, including where a child lives, the time they spend with each parent and how decisions about their upbringing are made.

Although the two processes serve different purposes, they can overlap in very practical ways. An ADVO might restrict one parent from contacting the other, while the parenting arrangements still require communication about school, medical appointments or changeovers. Understanding exactly what each order allows and requires is important before making arrangements involving the children.

Can an ADVO stop you from seeing your children?

Not necessarily. An ADVO is primarily concerned with protecting the person named in the order, and its conditions do not automatically prevent the defendant from spending time with their children.

The conditions can, however, affect how parenting arrangements work in practice. If the order prevents contact with the other parent or prohibits you from attending their home, for example, different arrangements may be needed for communication or changeovers.

Some ADVOs include exceptions that allow particular contact or communication for parenting purposes. The wording of the individual order matters, and an exception should never be assumed to apply unless it is expressly included or otherwise legally authorised. If you are unsure whether you can contact the other parent or attend a particular location, legal advice should be obtained before taking action.

What happens if an ADVO conflicts with parenting orders?

This is where the interaction between family law and an ADVO can become more complicated.

For example, parenting orders may require a parent to collect a child from the other parent's home, while an ADVO prevents that parent from approaching the property. In that situation, it is important not to simply choose one order to follow and disregard the other.

Under the Family Law Act 1975 (Cth), the family law courts have powers in certain circumstances to make parenting orders that are inconsistent with a state family violence order. An inconsistent parenting order may override the ADVO to the extent of that inconsistency. The effect will depend on the particular wording of the orders and the applicable law.

If the orders appear to conflict, obtain advice before attempting a changeover, attending a restricted location or contacting the other parent. Clarification or a variation of the existing arrangements may be required.

How can an ADVO affect parenting proceedings?

Where parenting arrangements are disputed, an ADVO may also be relevant to the Court's consideration of safety and the children's best interests.

The existence of an ADVO does not automatically determine the outcome of parenting proceedings. The Court considers the circumstances, the available evidence and any relevant allegations or risks of family violence. Depending on the particular matter, arrangements such as supervised time, third-party changeovers or other measures to manage identified risks may be considered.

The focus is on making parenting orders that are appropriate for the individual family while protecting children and other people from harm.

What if family violence allegations are raised during a parenting dispute?

Family violence allegations may arise before, during or after parenting proceedings, whether an ADVO has already been made or an application is still being considered.

If allegations are made, they should be taken seriously. If you disagree with them, relevant evidence such as messages and other records should be preserved so their significance can be discussed with your lawyer.

There may also be disclosure obligations when applying for or responding to parenting orders, including requirements relating to family violence allegations and existing family violence orders.

An allegation does not automatically prove wrongdoing, but it should not be ignored simply because a final ADVO has not been made. The Court will consider the evidence available and any identified risks to the children and the parties.

What should you do if an ADVO is affecting your parenting arrangements?

The starting point is to understand exactly what orders are currently in place. Read the ADVO and any parenting orders carefully, including restrictions relating to contact, communication and locations. Continue complying with the ADVO and do not assume that ordinary parenting arrangements allow you to act outside its conditions.

If direct communication with the other parent is restricted, legal advice can help you understand what alternatives may be available. It is also sensible to preserve communications and documents relating to the parenting arrangements or any allegations that have been made.

Where there are genuine safety concerns involving a child, urgent legal advice may be needed about appropriate protective arrangements. If someone is in immediate danger, call 000.

Understanding how the orders apply to your family

ADVOs and parenting orders can operate alongside each other, but the relationship between them is not always straightforward. The answer may depend on the precise conditions of the ADVO, the parenting arrangements already in place and the circumstances of the family.

Getting advice early can help you understand what you can legally do, avoid accidental breaches and determine whether the parenting arrangements need to change.

This article provides general information only and is not legal advice. The interaction between ADVOs and parenting orders depends on the specific wording of the orders and the circumstances of each case. Seek legal advice before acting on any apparent conflict between orders.