Australia

I'm concerned my ex is abusing our child during their visits. What can I do?

24 hours
Urgent hearing window
$0
Filing fee waiver available
s. 60B
Child's best interests principle
s. 67Z
Mandatory reporting duty
The Short Answer

You can apply to the Federal Circuit and Family Court of Australia for parenting orders that restrict or supervise your ex’s time with your child, or seek an urgent safety order if there is immediate risk.

What the Law Says

Australian family law prioritises the safety and best interests of children above all else. If you reasonably suspect abuse during contact, the law gives you clear pathways to act — including applying for urgent court orders and triggering mandatory reporting duties.

The Family Law Act 1975 (Cth) requires courts to treat the 'best interests of the child' as the paramount consideration in all parenting matters. This includes protecting the child from physical or psychological harm, including exposure to abuse, neglect or family violence.

If you believe your child is at risk, you must consider whether a report to state child protection authorities is required. Under section 67Z of the Family Law Act, certain professionals (e.g., doctors, teachers, lawyers) have a legal duty to report suspected abuse — but any person may make a voluntary report to their state or territory child safety agency.

The court can make interim (urgent) orders without waiting for a full hearing — for example, suspending or supervising time with the other parent, requiring drug testing, or appointing an independent children’s lawyer.

Statutory Text

The best interests of the child are the paramount consideration.

Family Law Act 1975 (Cth), s. 60CA — Best interests of the child
Statutory Text

In deciding what is in the best interests of the child, the court must consider… the need to protect the child from physical or psychological harm…

Family Law Act 1975 (Cth), s. 60CC(2)(b) — Primary considerations
Statutory Text

A person who has reasonable grounds to suspect that a child… is at risk of significant harm… may report the matter to an appropriate authority.

Family Law Act 1975 (Cth), s. 67Z — Reporting of abuse or neglect

What to Do

1

Contact your state or territory child protection service immediately if you believe your child is in immediate danger — they can assess risk and intervene.

2

File an Application in a Case for urgent parenting orders with the Federal Circuit and Family Court of Australia (Form FLN 101). You can request supervised time, no contact, or conditions like drug testing.

3

Ask the court to appoint an Independent Children’s Lawyer (ICL) — they represent your child’s best interests separately from either parent.

4

Gather evidence: keep a dated journal of concerns, save messages or emails, and note witness names (e.g., teachers, counsellors) who may support your concerns.

5

Seek free legal help: call the National Legal Aid hotline (1300 368 748) or visit your local Legal Aid office — urgent applications often qualify for fee waivers.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.