When a parent is subject to an Apprehended Domestic Violence Order, commonly known as an AVO or ADVO, many people assume that the parent can no longer see the other parent or the children.
In practice, the position is more complicated.
A criminal court may issue an AVO that restricts contact, while the Federal Circuit and Family Court of Australia may make parenting orders allowing a parent to spend time with a child. This can create tension between personal safety, children’s welfare, and a parent’s visitation rights.
This article explains how AVOs and family law parenting arrangements may interact in New South Wales, and how courts approach the difficult balance between child safety and family connection.
What Is an AVO?
In New South Wales, police may apply for an Apprehended Domestic Violence Order if they believe a person poses a domestic violence risk to another person.
An AVO may include conditions that prevent the defendant from:
- approaching the protected person’s home, workplace or school;
- contacting, threatening, harassing or intimidating the protected person;
- damaging property;
- contacting children or attending certain locations;
- coming within a certain distance of the protected person.
Where children are listed as protected persons, the AVO may directly affect parenting arrangements and visitation rights.
Why Can an AVO Conflict With Family Law Orders?
Family law is guided by the principle that the best interests of the child are the paramount consideration.
In many cases, maintaining a relationship with both parents may support a child’s emotional development. However, where there are allegations or findings of family violence, the court must also consider the need to protect the child and the non-violent parent from physical or psychological harm.
This creates a practical conflict:
A criminal court may see the defendant as a safety risk and restrict contact.
A family law court may still consider whether the child should have some form of relationship with that parent.
The question is not simply whether the parent should be allowed or banned from seeing the child. The real question is whether contact can occur safely, and whether it is in the child’s best interests.
Does an AVO Automatically Remove Visitation Rights?
Not always.
An AVO may restrict contact with the protected person or children, but it does not automatically resolve all parenting issues. In some cases, AVO conditions include a family law exception clause.
For example, an AVO may say that the defendant must not contact the protected person except:
- as permitted by a family law order;
- through a lawyer;
- through mediation or family dispute resolution;
- through a supervised contact centre;
- for the purpose of arranging parenting matters.
This type of exception can allow parenting arrangements to continue without breaching the AVO, provided the defendant follows the conditions strictly.
If there is no family law exception, or if the wording is unclear, the defendant may be at risk of breaching the AVO even if they believe they are acting consistently with parenting arrangements.
Can the Family Court Override an AVO?
In some situations, the family law court can make orders that affect the operation of an AVO.
Under section 68R of the Family Law Act 1975, a family law court may revive, vary, discharge or suspend certain family violence order conditions to the extent that they are inconsistent with a parenting order.
This does not mean that family violence concerns are ignored. Before allowing contact, the court may consider:
- the nature and seriousness of the family violence allegations;
- whether the child has witnessed or been affected by violence;
- whether there are risks to the child or the protected parent;
- whether supervised visitation is available;
- whether changeover can occur safely through a neutral location or third party;
- whether psychological, welfare or expert reports support the arrangement;
- whether the proposed contact is genuinely in the child’s best interests.
In other words, the court may allow visitation rights to continue, but only with careful risk management.
Common Situations Where AVOs and Visitation Rights Conflict
1. A Criminal Court Makes a No-Contact AVO, but a Family Law Order Allows Time With the Child
If the AVO contains a family law exception, or the family law order clearly overrides inconsistent AVO conditions, the parent may be able to spend time with the child in accordance with the family law order.
However, the parent must follow the exact terms of the order. Any contact outside the permitted arrangement may still be treated as a breach.
2. The AVO Has No Exception Clause
If the AVO does not include a family law exception and the family law order is unclear, the defendant may face serious practical risk.
For example, a parent may attend a changeover believing they are complying with parenting orders, but police may treat the conduct as a breach of the AVO if the order prohibits contact and no exception applies.
In this situation, urgent legal advice may be needed to vary the AVO or clarify the family law orders.
3. The Family Law Order Requires Supervised Visitation, but No Supervised Contact Service Is Available
Sometimes the court allows supervised visitation, but the parties cannot access an available contact centre or suitable supervisor.
This can make the order difficult or impossible to implement. The child may then be caught between a legal right to maintain contact and the practical absence of a safe supervision arrangement.
4. A Child Becomes Distressed After Visiting the Parent Subject to an AVO
If a child returns from visits distressed, fearful, withdrawn or emotionally dysregulated, the issue should be taken seriously.
The court may need to consider whether the current arrangement remains in the child’s best interests. Evidence from psychologists, counsellors, teachers, doctors or family consultants may become important.
How Courts Balance Safety and Visitation Rights
In cases involving family violence and parenting arrangements, courts must balance several important considerations.
The child’s best interests remain central. This includes the benefit of the child having a meaningful relationship with both parents, but also the need to protect the child from harm.
The court may also consider:
- family violence risk;
- the child’s exposure to violence or trauma;
- the safety of the primary carer;
- the feasibility of supervised contact;
- the availability of neutral changeover arrangements;
- the parent’s behaviour after separation;
- counselling, rehabilitation or behaviour change evidence;
- the child’s emotional response to contact.
Risk management measures may include supervised visits, changeovers at a contact centre, communication only through parenting apps, no direct contact between parents, third-party handovers, staged increases in time, or regular review of the arrangement.
The focus is not simply whether visitation should be allowed or refused. The focus is whether contact can be made safe, structured and beneficial for the child.
What Should a Parent Do If AVO Conditions Conflict With Parenting Orders?
If you are subject to an AVO and also involved in parenting proceedings, you should carefully check the wording of both orders.
You should confirm whether the AVO includes a family law exception clause. If the wording is unclear or too restrictive, you may need to apply to vary the AVO or seek clarification from the family law court.
You should not rely on informal agreements with the other parent if those arrangements contradict the AVO. Even if both parents agree, a breach of an AVO can still result in criminal consequences.
You should also avoid direct communication unless it is expressly allowed. Where possible, use lawyers, approved parenting apps, supervised contact centres or agreed third parties.
If you are concerned about the child’s safety, emotional wellbeing or trauma symptoms after visits, you should keep clear records and seek legal advice about whether the parenting arrangement should be changed.
Practical Tips for Safer Parenting Arrangements
Where contact is permitted despite an AVO, the arrangement should be clear, structured and easy to comply with.
Parenting orders should specify:
- when visits occur;
- where changeover takes place;
- who supervises the visit;
- how parents may communicate;
- what happens if the child is sick or distressed;
- whether third parties or contact centres are involved;
- whether the arrangement will be reviewed after a set period.
Unclear wording creates risk. The safer approach is to ensure that both the AVO and parenting orders are aligned and practical.
Protection Does Not Always Mean Total Separation
In family violence matters, the law must balance two important goals: protecting victims and children from harm, while preserving safe and appropriate family relationships where this is in the child’s interests.
Children should not be used as weapons in adult conflict, and they should not be placed in unsafe situations simply because a parent demands contact.
Where safe, neutral and supervised visitation arrangements are available, courts may allow a child to maintain a relationship with a parent subject to strict safeguards.
Need Advice About AVOs and Visitation Rights?
If you are dealing with a conflict between an AVO and parenting orders, or you are unsure whether contact with a child may breach an AVO, early legal advice is essential.
The team at Jenny Xu Lawyers can assist with reviewing AVO conditions, advising on visitation rights, coordinating criminal and family law proceedings, and preparing safe, practical parenting arrangements.
Disclaimer: The above content is for general informational purposes only and should not be regarded as legal advice. The information provided may change over time. You should always seek professional advice before taking any action.