NSW Child Assault? please advise.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Joe Black

Well-Known Member
9 January 2019
25
3
124
Hi

ex and I split 18 months ago. Since then she has made allegations of domestic violence towards her. I accepted the AVO with no admission on the advice of the lawyers. 10 months later she had the children added to the AVO as she reported she was in fear of them being taken with out her consent. I must add from the time of the separation until after the children being added to the AVO she had with held any access or contact and, no there was no family violence. I now have access to the child every other weekend.

With out going into to much detail (unless required to ensure an accurate reply), during a child inclusive conference the child reported to the mediator (every one was interviewed individually) that the childs other parent had hit her very hard and it hurt. It was also reported that the child had also been sworn at on several occasions and even threatened with a metal coat hanger. The child also reported that the other parent has not provided breakfast on several occasions.

My question is (1) can this be classed as assault/domestic violence/child abuse. (2) what stance will the court take during a parental order hearing (second hearing) and (3) in real terms what can I do to ensure the safety of the child.

I ask as my mind is spinning and i really don't know what to do.
 

sammy01

Well-Known Member
27 September 2015
4,188
603
2,894
Ok so if this stuff was said with a professinal person present, you need to be confident that they reported it. So people like teachers doctors etc are mandatory notifyers of abuse.

What can you do? not much, I hate what I'm writing.. I really do... But smacking is not illegal in nsw. So what you're describing is definately bad parenting. I reckon it is abuse. But within NSW what you're describing is not uncommon and it is not severe... I know, I know. Not happy writing it.

My advice, just keep your nose clean. I have no doubt the ex is trying to use the AVO as leverage. The best thing you can do is show that you're happy to work with mum in raising the kid.... IF the authorities have any concerns about what the child said, let them deal with it..
 

Scruff

Well-Known Member
25 July 2018
818
126
2,389
NSW
But smacking is not illegal in nsw.
To clarify, in NSW, smacking is legal only on certain parts of the body and only if it causes pain for a short period of time. If you leave bruises for example, then it would likely be considered excessive and therefore illegal.
 
Last edited: