Can an Intervention Order Affect Parenting?

If you are involved in parenting proceedings or have children with the other party, you may be wondering whether an Intervention Order will affect your ability to spend time with your children. The answer is that it can, but not always.

An Intervention Order does not automatically prevent a parent from seeing their children. However, depending on the conditions of the Order and any Family Court parenting orders that are in place, it can have a significant impact on parenting arrangements and the way parents communicate with one another.

At Wilkinson Lawyers, we regularly advise clients whose Intervention Order matters overlap with parenting disputes. We understand how these two areas of law interact and can help ensure that your legal obligations under both jurisdictions are properly managed.

Does an Intervention Order Stop Me Seeing My Children?

Not necessarily.

Many people mistakenly believe that if an Intervention Order is made, they automatically lose contact with their children. That is not the case.

Whether you can continue to spend time with your children depends on:

• the conditions contained in the Intervention Order;

• whether your children are listed as protected persons;

• whether parenting orders have been made by the Federal Circuit and Family Court of Australia;

• whether there are any ongoing parenting proceedings; and

• the particular circumstances of your family.

Some Intervention Orders specifically allow communication and contact for the purposes of arranging time with children.

Others may prohibit contact altogether.

What Happens if There Are Parenting Orders?

If parenting orders have already been made by the Federal Circuit and Family Court of Australia, those orders often continue to operate despite an Intervention Order.

In many cases, an Intervention Order will include a condition stating that it does not prevent anything authorised by an existing Family Court parenting order.

For example, parenting orders may allow:

• children to spend time with each parent;

• handovers at an agreed location;

• communication regarding the children’s welfare; or

• attendance at school or sporting events.

It is essential to read both the parenting orders and the Intervention Order carefully, as they are intended to operate together wherever possible.

What if Parenting Proceedings Are Still on Foot?

If parenting proceedings are currently before the Family Court, the existence of an Intervention Order may become relevant.

The Family Court considers a range of factors when determining what parenting arrangements are in a child’s best interests, including allegations of family violence where supported by evidence.

Importantly, the existence of an Intervention Order does not automatically determine the outcome of parenting proceedings.

The Family Court makes its own decisions based on all of the available evidence.

Can My Children Be Included on an Intervention Order?

Yes.

Children can be listed as protected persons on both Family Violence Intervention Orders and, in some circumstances, Personal Safety Intervention Orders.

If children are included on the Order, this may restrict contact with them unless an exception applies or parenting orders specifically authorise that contact.

Whether children should be included depends on the facts of each case and the level of risk identified by the Court.

Can I Still Communicate With the Other Parent?

Sometimes.

Many separated parents need to communicate about school, medical appointments, extracurricular activities or changes to parenting arrangements.

Depending on the circumstances, an Intervention Order may:

• allow communication through lawyers;

• permit communication through a parenting application or approved app;

• allow written communication only;

• permit communication solely about the children; or

• prohibit all direct communication.

It is critical to understand exactly what your Order allows before contacting the other parent.

What Happens at School Events?

School concerts, sporting events, parent-teacher interviews and graduations often create practical difficulties where an Intervention Order is in place.

In some cases, both parents may attend provided they do not approach or communicate with one another.

In other cases, attendance may place a respondent at risk of breaching the Order.

If school events are likely to become an issue, it may be appropriate to seek legal advice about varying the conditions of the Intervention Order.

Can an Intervention Order Be Used Against Me in the Family Court?

Potentially.

The Family Court may consider the existence of an Intervention Order as part of the overall evidence when determining parenting arrangements.

However, an Intervention Order does not automatically mean that allegations of family violence have been proven. Many Intervention Orders are made by consent without admissions, meaning the respondent has not admitted the allegations and no findings have been made by the Magistrates’ Court.

The Family Court will consider the circumstances in which the Order was made, along with all of the other evidence before it.

What Happens if I Breach the Intervention Order During a Handover?

Breaching an Intervention Order is a criminal offence.

Even if the breach occurs while collecting or returning children, you may still be investigated and charged if your conduct falls outside the exceptions contained in the Order.

If the current arrangements make compliance difficult, it may be appropriate to seek a variation of the Intervention Order or parenting orders rather than risk committing a breach.

Why Early Legal Advice Matters

When parenting disputes and Intervention Orders overlap, the legal issues can quickly become complicated. It is important to understand not only what your parenting orders allow, but also what your Intervention Order prohibits.

Mistakenly assuming that one order overrides another can result in unintended breaches or unnecessary disputes.

An experienced Intervention Order lawyer can review both sets of orders, explain how they interact, negotiate practical conditions where appropriate, and represent you in both Intervention Order and parenting-related proceedings.

Speak to an Intervention Order Lawyer

If an Intervention Order is affecting your relationship with your children or creating difficulties with existing parenting arrangements, Wilkinson Lawyers can provide clear and practical legal advice.

We regularly assist clients involved in Family Violence Intervention Orders, Personal Safety Intervention Orders and related parenting disputes throughout Ballarat, Melbourne and regional Victoria. Whether you are seeking to contest an Order, vary its conditions or better understand your legal rights, we are here to help.

Contact Wilkinson Lawyers today to arrange a confidential consultation and discuss how an Intervention Order may affect your parenting arrangements.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.