Family violence and children’s best interests

any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member,

that is violent or threatening or

that constitutes a pattern of coercive and controlling behaviour

that causes that other family member to fear for their own safety or for that of another person

and in the case of a child, the direct or indirect exposure to such conduct

(a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;

(b) sexual abuse;

(c) threats to kill or cause bodily harm to any person;

(d) harassment, including stalking;

(e) the failure to provide the necessaries of life;

(f) psychological abuse;

(g) financial abuse;

(h) threats to kill or harm an animal or damage property; and

(i) the killing or harming of an animal or the damaging of property.

• the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
• the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child

(a) the nature, seriousness and frequency of the family violence and when it occurred;

(b) whether there is a pattern of coercive and controlling behaviour in relation to a family member;

(c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;

(d) the physical, emotional and psychological harm or risk of harm to the child;

(e) any compromise to the safety of the child or other family member;

(f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person;

(g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and

(h) any other relevant factor.