VIC Does assault on a child matter to parenting/custody

[Dpj]

Hi,

My ex has just been charged with 2 counts of assult against myself and my daughter (2yo at the time). The assult occurred during a handover. It was captured on video. In addition, there are numerous other incidents involving police which go in my favour (falsee accusations made by ex. ex now also being investigated for breaching FVO. etc).

Final consent orders done just 2 years ago. Youngest child just turned 3, eldest child just turned 7. I have 5-6 nights per fortnight at the moment.

Obviously there are loads of other considerations in awarding or changing custody. Could this action, in isolation, be enough to have custody changed?

Thanks
David

 

[Rod]

Potentially yes - depends on extent and circumstances of violence. Having video as evidence is good.

 

[Dpj]

Thanks Rod.

 

[Noel Harris]

Family violence including a charged and video-recorded assault against you and your daughter is one of the matters a court is specifically required to take into account when considering a child's best interests and it carries significant weight where there is objective evidence like video footage. That said no single factor automatically dictates a change to existing orders in isolation. Given final consent orders were only made two years ago you would generally need to show a significant change in circumstances and a serious family violence incident occurring at handover and now subject to criminal charges is squarely the kind of development that can meet that threshold. Our Domestic Violence team can advise on how this is likely to be weighed and what changes to the current orders might realistically be achievable.

---

Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.