Domestic Violence & Child Protection
Domestic Violence and Child Protection in Queensland: What Parents Need to Know
Domestic violence and child protection often occur together. A family experiencing domestic violence may find themselves involved in both the child protection system and the family law system at the same time. Understanding how these systems interact is important, and getting advice that covers all areas, not just one, makes a real difference.
Here's what parents and carers across Queensland need to know about how the two systems work, where they overlap, and what to do if you're dealing with both.
How Child Safety Views Domestic Violence
The Department of Children, Youth Justice and Multicultural Affairs (Child Safety) treats domestic violence as a child protection concern. Exposure to domestic violence, even where the child has not been directly harmed, is considered as a form of harm under the Child Protection Act.
Under the Child Protection Act 1999 (Qld), a child may be found to be 'in need of protection' where they are exposed to domestic violence and a parent is unable or unwilling to protect them from that harm. This means a parent who is a victim of domestic violence can sometimes also become the subject of a child protection investigation or court proceedings.
This is one of the harder realities of the system, and it is important to understand it clearly rather than be caught off guard.
Protection Orders and Child Safety Proceedings Are Different Things
A domestic violence protection order (made under the Domestic and Family Violence Protection Act 2012 (Qld)) and a child protection order (made under the Child Protection Act 1999 (Qld)) are separate instruments. They come from different courts and serve different purposes.
A protection order protects the named victim from domestic violence. It does not automatically resolve child safety concerns. Child Safety can still investigate, take action, or initiate court proceedings even if a protection order is in place.
How Domestic Violence Affects Parenting Orders
In the federal family law system, domestic violence is a significant factor. The Family Law Act requires courts to consider family violence when making parenting orders. The safety of the child, and of the parent who has experienced violence, is a primary consideration.
Documented evidence of domestic violence can affect:
Whether the other parent has unsupervised time with the child
Whether contact is suspended while an investigation or hearing is underway
The conditions attached to any parenting arrangement
Evidence matters in both systems. Police reports, protection order applications, and records of incidents are relevant to both the family law matter and any child protection proceedings.
If Child Safety Contacts You
If Child Safety contacts you about your children and there is also a domestic violence situation, get legal advice immediately. The two processes can move quickly and in parallel. Without understanding what each is doing and why, it is easy to take steps in one that inadvertently create difficulties in the other.
What to Do
If you are in a domestic violence situation that involves your children and Child Safety has become involved, or you believe they may, these steps are important:
Document everything: incidents, dates, any contact from Child Safety, messages and communications.
Get legal advice that covers both family law and child protection from a lawyer who has experience in both areas of law.
If you are in immediate danger, call the police on 000.
For crisis support, call DV Connect on 1800 811 811.
Get Advice That Covers Both Systems
The most common mistake families make in this situation is getting advice on only one system and assuming the other will follow. It won't. The two operate independently, and steps taken in one can affect the other in ways that aren't obvious until it's too late.
Kerri Patterson has extensive experience advising families who are navigating both systems at the same time. If domestic violence and child protection have both become part of your situation, contact Kalo Children's Law as soon as possible.
A real life example of this in practice:
We helped a client, who was a mother escaping domestic violence. She had taken out a Protection Order and also made an application in the Family Court for family orders and been granted interim orders protecting her and her child in both courts.
The Department of Child Safety still intervened and made an application to remove her child from her care on the basis that she was not able to protect the child from the risk posed by the Father (even with domestic violence and family law orders in her favour).
We helped our client amend the domestic violence order to have the child named on the Order and include extra conditions and this helped us to be able to successfully oppose the application made by the Department. This meant the child was able to stay safely with our client.
If You've Left an Abusive Situation, Tell Child Safety What to Keep Private
When Child Safety starts an investigation, it will usually contact both parents. That includes a parent who has had no contact with the child for years. If you have left a violent relationship and kept your address or contact details from the other parent to stay safe, Child Safety can pass that information on without meaning to. That can include information like where you and your child live, your phone number, your child's school or daycare, and where you work.
If you are holding back any information from the other parent for safety reasons, tell Child Safety directly and early. Ask them to record on your file that these details must not be given to the other parent, inadvertently or otherwise. Put the request in writing where you can, and confirm they have noted it.
Frequently Asked Questions
If I get a protection order, will that stop Child Safety from investigating?
No. A protection order and a child protection investigation are separate processes. Getting a protection order doesn't automatically resolve any child safety concerns, and Child Safety can still be involved even where one is in place.
I'm the victim of domestic violence. Could I still be investigated by Child Safety?
Yes, this can happen if Child Safety considers that a child has been exposed to domestic violence and a parent was unable or unwilling to protect them from it. It's one of the harder parts of the system, and getting legal advice early helps you understand what's being asked of you and why.
Will evidence from my protection order application help with a parenting matter?
It can. Police reports, protection order applications, and incident records can be relevant in both a family law parenting matter and any child protection proceedings.
What should I do first if Child Safety contacts me and there's also a domestic violence situation?
Get legal advice that covers both family law and child protection together. The two processes can move at the same time, and steps taken in one can affect the other.