How and when can police intervene within a family law matter?

Presented By Owen Hodge Lawyers

Overview

1. Introduction

2. Police may intervene in the event of violence

3. Police may intervene to prevent the unlawful removal of

a child from Australia

4. Police may not intervene to enforce the terms of a

parenting plan

5. Get the help from us

Introduction

Police may intervene in a family law matter, but only in specific and, thankfully, rare situations.

For the most part, families should turn to the courts, to family law attorneys and to family dispute resolution forums for the resolution of their difficulties.

Police may intervene in the event of violence

Spouses or former spouses who are in urgent and immediate fear for their safety or the safety of a child should call the police, particularly where guns or other weapons are involved. Family violence is as illegal as any other form of violence and the police may arrest and charge the perpetrator.

Police can also locate a refuge or alternative accommodation for a person in danger and provide referrals to counselling and legal services.

Police may intervene in the event of violence

Where there is insufficient cause for an arrest, police may issue a variety of restraining orders, including

• Police Orders

• Violence Restraining Orders

• Misconduct Restraining Orders

Their involvement, from that point forward, will be directed to enforcing the terms of the order and punishing any breach.

When a third party is concerned about the welfare of a child or adult, the police may also visit the home to conduct a welfare check.

If they identify risks, they are then obliged to make a report to the relevant authority to determine what actions need to be taken.

Police may intervene to prevent the unlawful removal of a child from Australia

The Australian Federal Police may act to prevent the removal of a child from Australia when a court order limits or prevents the child’s overseas travel, when court proceedings for a parenting order or an appeal from such an order are pending or when the child is listed on the Family Law Watchlist.

If the child has already been removed from Australia, the Marshall, AFP or State and Territorial Police forces may be of assistance in executing a Recovery Order to return the child.

Police may not intervene to enforce the terms of a parenting plan

When the issue is not the removal of a child to a foreign country, but the failure of one party to abide by the custody or visitation provisions of a parenting plan, the best recourse is to consult a Family Law solicitor and/or the Family Court. The police do not have the authority take a child from one parent and give him or her to the other parent, although they may be asked to perform a welfare check.

The police would similarly not intervene to enforce any financial arrangements between parents relating to the children. These, of course, are the areas where most disagreements within divorced or separated families arise. This is why police intervention in family law matters remains fairly rare.

GET THE HELP FROM US

In an emergency, you should not hesitate to call the police to prevent grievous harm or international abduction. In these situations and in the more mundane stresses and strains of parenting through divorce and separation, the advice of a Family Lawyer can be invaluable.

At Owen Hodge Lawyers, we assist clients with these and other Family Law matters and would be happy to meet with you to discuss any questions you may have. Please call us

at 1800 780 770 at your earliest convenience to schedule a consultation.