Can Be Seen But Not Shout, Attack or Physically Punish…..

A recent case before the Family Court concerned an application from the mother for interim orders in relation to her three children. The orders sought to suspend the time the children spend with the father. The father opposed the orders sought by the mother but conceded a suspension for a short time in relation to one of the children.

The mother’s application arose out of an incident which occurred the week before when the children were spending time with their father during the school holidays. The children were being looked after by the father’s partner and she requested the children get changed to go shopping. The child did not wish to do so, so the carer left him at home. The child became concerned about how his father would treat him after he found out that the boy had disobeyed the father’s partner, so he ran away to his mother’s home. The mother came home from work and returned the boy to the father’s house. When the father came home he punished the boy by saying he could not go ice skating the next day nor use any electronic devices that evening.

The boy then threw a tantrum according to the father and he ran away again. He was befriended by a neighbour of the mother’s and when the father arrived, the child became very agitated and the father who then threatened to call the police. The police arrived a short time later and spoke with the child. After the police left the mother took the child home and he has remained there since.

The mother said the father had poor anger management and took to yelling and screaming during their marriage. The Judge ordered that the father undertakes not to shout, act aggressively towards or physically punish the children.


This article remains the property of Kate Austin Family Lawyers and can only provide basic information.  It is not intended to be a substitute for legal advice. This information cannot be relied on as a substitute for legal information and it is only general by nature. This information was correct at the time of writing but changes in legislation or procedure may change.