Can The Custodial Parent Get A Restraining Order For Child Custody?

January 19, 2024    divorcelawyersperthwa
Can The Custodial Parent Get A Restraining Order For Child Custody?

The question seems ambiguous, as restraining orders are put on persons, not legal decisions. However, taking responsibility as the “sole parent” is a much-discussed and critical topic.

The breaking up of a couple with a child is both unfortunate and common, and usually, the court awards “equal responsibility” to the children, including custody and visitation rights.

If a parent wants to disallow a parent from legal access to their kids, they must consult the most experienced Divorce Lawyers in Perth before proceeding. Let us know about this topic in detail.

Knowing about restraining orders involving children

The concept of a restraining order is clear from its name: it prevents a person from meeting, attempting contact, or even coming within a certain distance of an individual. In the case of a custodial battle involving the kids of divorced parents, the definition of what is a restraining order needs a little more explanation.

Usually, the Children’s Court has the final say about restraining order applications concerning children. The orders include instructions to protect a child or legal instructions against a child.

The individual applying for the restraining order is the applicant, and the person against whom the application is made is called the respondent. The applicant becomes protected, and the respondent is bound to follow if the court grants the application.

The different reasons for restraining orders, along with diverse types of children-related restrictive orders, are listed as follows:

1. FVRO or Family violence restraining order

An FVRO is intended to restrain a person involved in family violence once and show behaviour that makes a repeat instance believable. The court charges no fee for an FVRO application.

The ‘violence’ here also means intimidating or controlling behaviour towards family members or threat of violence. Examples of such behaviour include:

  • Sexual assault
  • Stalking or cyberstalking
  • Damaging or destroying property
  • Causing death or injury to an animal
  • Assault
  • Repeated offensive remarks
  • Kidnapping or restricting the liberty of persons.
  • Publishing or distributing intimate and personal images and threatening to publish such images.
  • Exposing a child family member to violence.

2. Misconduct restraining order (MRO)

A divorced partner can apply for an MRO if the other person is making trouble, being aggressive and destroying property. Otherwise, if the responsible person is a child between 10 and 18, you can apply for an MRO against them in the Children’s Court.

The order will make committing certain acts illegal and attract penalties. For example, the court can order a person to stay at least 100 meters away from the child or their home to stop harassing the partner or the child.

3. National Domestic Violence Order Scheme (NDVO)

The NDVO scheme started on 25 November 2017, allowing the FVROs to be imposed nationwide. It also relates to police orders. The applicant can choose to have new orders declared and recognized nationally, protecting you within the country’s border.

It is very helpful when planning to travel to or live in another state or territory. However, if you do not have such plans, it is better not to declare the order, as the protective capacity remains valid within the territory.

4. Same school violence restraining order (SSVRO)

You can apply for an SSVRO to protect a child studying in the same educational institutions as the respondent. You may have to fill out a short questionnaire for this process – as it assists the Children’s Court with data related to the arrangement taken by the school to solve the issue within it.

5. VRO or Violence restraining order

VROs are utilized to restrict a person who, according to the applicant’s belief:

  • Can engage in violence against them. It can also be against the applicant’s child – for whom the applicant has legal responsibility.
  • Will probably behave in a manner that creates dread and anxiety about facing a violent offence in the future.

In Conclusion

The court will always look for the best interest of the children, and sufficient evidence of violent behaviour against a partner can result in the awarding of full custody of the child to the other partner. It is better to hire the most proficient child custody lawyers Perth – who will protect the rights of the partner who has refrained from assault, violence and harassment.

So, suppose you are wrongly served with a restrictive order and wish to reverse it to regain the children’s custody. Hiring the most experienced and professional legal counsel is better in that case.

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