2. Children and young people in the Family Violence Intervention Order system

2.1​In 2008, the Victorian Parliament passed the Family Violence Protection Act 2008 (Vic) (FVPA or the Act). The Act followed the Victorian Law Reform Commission’s 2006 inquiry, Review of Family Violence Laws.^[14] The Act marked Parliament’s recognition that family violence is a systemic problem affecting all of society, and reflected a commitment to a legal response which takes into account the needs of victim survivors.

2.2​In the years since it was enacted, there have been major developments in family violence responses in Victoria. These have included measures to strengthen protections for victim survivors, the development of Specialist Family Violence Courts, and improved systems for sharing information and supporting victim survivors. Many of these reforms followed the Royal Commission into Family Violence in 2015, which made 227 recommendations to improve Victoria’s response to family violence. Following the Royal Commission, the Government committed to implementing these recommendations in full.^[15]

2.3​Recent reforms have expanded the definition of family violence to recognise its many forms and increased the courts’ ability to identify children who are at risk of harm and provide automatic protection. Most recently, reforms aim to address misidentification of victim survivors as perpetrators of violence and to provide longer term and consistent protection for people affected by family violence.^[16]

2.4​Victoria has implemented an ambitious and comprehensive family violence reform program that has informed other developments across Australia.^[17] For example, Victoria’s Multi-Agency Risk and Management Framework (MARAM) and Family Violence Information Sharing Scheme (FVISS) have influenced similar reforms in New South Wales, Queensland and South Australia.^[18]

2.5​Despite these reforms, recent advocacy by legal, youth and family violence agencies and members of the community highlights that the system in Victoria was not designed for children or young people, and can sometimes treat them as secondary to adult victim survivors.

2.6​These organisations identify that many children and young people do not feel heard or seen by the family violence system, and that current responses are often oriented around the needs of adult victim survivors, rather than the needs of children and young people.^[19]

2.7​While work is underway to strengthen how family violence agencies respond to children and young people’s needs,^[20] there are growing calls to recognise children and young people’s rights and status as victim survivors.^[21] In practice, this means recognising that they have a right to participate in decisions that affect their lives and that they have unique perspectives and needs arising from their age, development stage and experience of family violence, which should be considered in legal responses.^[22] We discuss children’s participation rights at page 25.

2.8​The Act was designed to maximise safety and prevent legal systems from compounding harm for people affected by family violence. This project explores whether the current law both protects children and young people who are victim survivors of family violence and recognises their right to be involved in decisions that affect them. It examines whether reforms are needed to ensure young people are listened to and respected, so that they are kept safe from further violence and better able to recover from harm.

2.9​In this next section, we explain how the law currently protects children and young people under the FVIO system, and when and how they can participate. We then examine how this differs from how children and young people participate in other places and legal settings. We ask whether the model for children’s participation may benefit from reform.

What is family violence and how does it affect children and young people?

2.10​Under the Act, family violence is defined as behaviour by a person towards a family member which causes them to feel fear for their safety or wellbeing.^[23]

2.11​Family violence includes a wide range of behaviour, such as behaviour which:

•​is physically or sexually; emotionally or psychologically; or economically abusive

•​is threatening or coercive

•​‘in any other way controls or dominates the family member and causes them to feel fear for their safety and wellbeing, or the safety and wellbeing of another person.’^[24]

2.12​The Act defines ‘family’ broadly. It includes current or former spouses, domestic partners and intimate partners. It can also include wider communities and kinship networks. It includes children of either the person using violence or the victim survivor, and children who live with or have lived with either of them. The breadth of the definition recognises that family looks different across cultures and communities.^[25]

2.13​Family violence is persistent and widespread. The Australian Bureau of Statistics Personal Safety Survey 2021–22 found that about one in five Australian adults surveyed had experienced violence, emotional abuse or economic abuse by a partner since the age of 15, and one in seven had experienced physical or sexual abuse by an adult before the age of 15.^[26]

2.14​The survey estimated that about one in eight Australian adults had witnessed violence towards a parent by a partner before the age of 15. Witnessing violence towards a mother was substantially more common than witnessing violence towards a father. Family violence may often happen alongside other forms of harm such as child abuse and neglect. The Australian Child Maltreatment Study also estimates that found 62.2 per cent of Australians have experienced at least one form of maltreatment, such as physical abuse, sexual abuse, emotional abuse, neglect or exposure to domestic violence, before the age of 18.^[27]

2.15​Family violence occurs across communities and in different kinds of relationships, but some groups experience it at higher rates or in distinct forms. This includes First Peoples, LGBTIQA+ people, people with disability, and people from migrant or refugee backgrounds. Disadvantage and discrimination can also create barriers to getting support and accessing justice.^[28]

Children and young people as victim survivors of family violence

2.16​Children and young people are at particular risk from family violence, and may experience different harms to those faced by adults.

2.17​Children depend on parents, carers and other adults for care and protection. A child in an unsafe home cannot easily protect themselves or remove themselves from the environment. In addition to being at greater risk of harm from violence because they are still developing, studies indicate that children who grow up living with violence may come to see violence as normal. They may also grow up in an environment of constant fear and without a sense of safety. This is the case even where violence is directed towards other members of a child’s household.^[29]

2.18​Young people may also face unique forms of family violence. For example, young people may face violence in their own intimate relationships, rather than just parental or familial relationships.^[30]

2.19​As well as the immediate impacts on children, family violence may have a long-term impact on children’s development, mental health, relationships and educational and long-term social outcomes. For example:

•​There may be a link between childhood maltreatment and adult mental and physical health.^[31] People who experienced childhood maltreatment may be more likely to develop mental health disorders and experience other health risks persisting into adulthood.

•​The impacts of family violence may also result in social disengagement, difficulties forming relationships and difficulties integrating with peer groups.

•​Family violence causes disruption to schooling which can impact children and young people’s ability to finish education and succeed in adulthood.^[32]

•​Young people who use family violence, or are alleged to have used it, may themselves have been victims of family violence.^[33] There is also some evidence of a link between being a victim of family violence in childhood and involvement in the criminal justice system in adulthood, although this is not always the case.^[34]

•​Research has also suggested an association between family violence and youth suicide and mental health problems, including self-harm, anxiety and depression, low self-esteem and post-traumatic stress disorder (PTSD).^[35]

2.20​Some groups of children and young people face particular risks and additional barriers to seeking protection. For example:

•​First Peoples children and young people are over-represented as victim survivors of family violence and in the child protection system, which has been linked to the ongoing impacts of colonisation, forced removal of children and inequality. Much of the violence towards First Peoples women and children appears to be perpetrated by non-indigenous men.^[36] Family violence appears to be a major driver behind young First Peoples’ over-representation in the child protection, out-of-home care and youth justice systems.^[37]

•​Children and young people with disability may experience family violence at higher rate than others and may face barriers to disclosing violence and to accessing services which meet their support needs.^[38]

•​LGBTIQA+ children and young people may face violence both within their family and in intimate relationships, including violence motivated by their gender identity or sexual orientation.^[39] They may delay seeking help because of concerns about being misidentified as the perpetrator, fears of discrimination, or the absence of inclusive services.

•​Children and young people from migrant and refugee backgrounds may experience specific forms of violence and at higher rates than other communities, as well as facing barriers to getting support such as language barriers, distrust of police and other authorities and fears about impacts on visa status.^[40]

•​Children and young people in regional, rural and remote areas of Victoria may also face additional difficulties accessing family violence support and legal services, including fewer specialist services, longer travel distances to courts, limited choice of interpreters or culturally appropriate support, and concerns about confidentiality and privacy in smaller communities. Those who also belong to one of the groups described above may face compounding barriers.

Prevalence of family violence towards children and young people

2.21​Family violence is a widespread issue in Australia. However, it is generally recognised that family violence against children and young people is under-reported.

2.22​While there is increased recognition of family violence, the Crime Statistics Agency’s Family Violence Database recorded a 3.2 per cent rise in family violence incidents in Victoria in the year ending September 2025, from 102,072 to 105,379 incidents. Children were recorded as present at 35.5 per cent of incidents.^[41]

2.23​Victoria Police data recorded children present at family violence call-outs at 35.4 per cent of incidents in the year ending September 2025.^[42]

Recognition of children and young people as victim survivors of family violence

2.24​The particular impacts and risks of family violence for children and young people have resulted in a special legal response to family violence.

2.25​The Family Violence Protection Act protects people who have been affected by family violence from further harm, through a system of intervention orders, or FVIOs. The Act enables the court to make a FVIO to prevent a person who has used violence against a family member from committing further violence.

2.26​The Preamble to the Act states that ‘while anyone can be a victim or perpetrator of family violence, family violence is predominantly committed by men against women, children and other vulnerable persons.’ It further states that ‘children who are exposed to the effects of family violence are particularly vulnerable and exposure to family violence may have a serious impact on children’s current and future physical, psychological and emotional wellbeing.’

2.27​A key purpose of the FVPA is to ‘maximise safety for children and adults who have experienced family violence’.^[43]

How children and young people are protected in the Family Violence Intervention Order system

2.28​The family violence intervention order (FVIO) system is designed to protect victim survivors of family violence from further harm. To do this, people can apply for a court order which prevents the perpetrator from committing further violence against them. The FVIO system includes special measures to extend this protection to children and young people who have been affected by family violence and who may also be at risk.

How victim survivors are protected

2.29​A FVIO is an order which is made by the court which orders a person who has used family violence (a ‘respondent’) to stop using violence against the person named in the order (a ‘protected person’ or ‘affected family member’).

2.30​An adult victim survivor may apply for their own protection, or consent to another adult applying on their behalf.^[44] Police can also apply on the victim survivor’s behalf.^[45] This is the most common situation. Police were the applicant in three quarters of FVIO applications in 2024-25.^[46]

2.31​A FVIO is a civil order. It is granted if the court is satisfied on the balance of probabilities that the order is needed.^[47] It is common for orders to be sought urgently when someone is at risk of immediate harm. Because of this, the court will often grant a short-term order (an interim FVIO) to protect an affected person based on a written application containing the applicant’s evidence alone, and without anyone attending court.^[48]

2.32​A final FVIO may be made after a respondent has been served with a copy of an interim order or application. It is the respondent’s decision about whether they contest a final FVIO being made. However, it is common for a final FVIO to be made ‘by consent’ rather than going to a contested hearing. Many FVIOs are made by ‘consent without admissions’, where the respondent agrees to the order and its conditions without admitting the allegations.^[49]

2.33​Where a matter is contested, the court will hear evidence and determine if an order should be made.

2.34​If the court grants a FVIO, it may set conditions aimed at keeping the protected person safe. A FVIO will usually include a condition that the respondent does not use further family violence against the people named in an order as affected family members. FVIOs commonly include conditions prohibiting the respondent from contacting the protected person or attending their home, workplace or school.^[50] Where contact may be needed, the FVIO may include a ‘Safe Contact’ condition allowing contact with the protected person’s permission.

2.35​If a respondent breaches the conditions in the order, they may be charged with a crime.^[51]

2.36​The order lasts until it expires, unless the court revokes or varies it, or it is set aside on appeal.^[52] An adult affected family member may attend court, be represented, give or call evidence, and apply to extend, change or remove a FVIO.

2.37​The court determines conditions based on what is ‘necessary or desirable in the circumstances’ giving ‘paramount consideration’ to the safety of the protected person and any children who have been subjected to family violence.^[53]

Magistrates’ Court of Victoria

2.38​The Magistrates’ Court of Victoria and the Children’s Court of Victoria both have jurisdiction to hear FVIO matters.^[54] Most FVIO matters are heard in the Magistrates’ Court, including those involving a child or young person as an affected family member or protected person.^[55]

2.39​The Magistrates’ Court has a Specialist Family Violence Court Division. Following a recommendation of the Royal Commission into Family Violence, these courts were expanded across all Magistrates’ Court Headquarter Courts. Thirteen Specialist Family Violence Courts operate across Victoria and 75.6 per cent of applications for FVIOs in the Magistrates’ Court are heard in these specialist courts.^[56]

2.40​Specialist Family Violence Courts are designed to make the court experience safer for victim survivors, including separate entrances and waiting areas for applicants and respondents, secure interview rooms, remote witness facilities, and protocols for preventing the victim survivor from seeing the respondent when arriving or leaving court.^[57]

2.41​Magistrates and registrars sitting and working in the Specialist Family Violence Courts receive training in family violence, including the dynamics of family violence, coercive control, the impacts of trauma on victim survivors, and the experiences of First Peoples, multicultural communities, LGBTIQA+ people, and people with disability.

2.42​Applicant support workers (also called Family Violence Applicant Practitioners) are available to assist victim survivors at court, including those who are not legally represented. These workers provide information about the court process, help victim survivors with safety planning and access to ongoing support, and accompany applicants in court.^[58]

2.43​The number of FVIO matters heard in the Specialist Family Violence Courts has increased since their establishment, and with the expansion of courts throughout Victoria.^[59] Even where a child or young person is an affected family member, applicant or protected person, it is more common for FVIOs to be heard in the Magistrates’ Court.

Children’s Court of Victoria

2.44​The Children’s Court is a different kind of specialist court to the Specialist Family Violence Court Division. The Children’s Court was established to operate independently to hear cases involving children. The Family Division hears child protection matters and FVIO matters where:

•​the applicant, affected family member or respondent is under 18

•​the application has been transferred from the Magistrates’ Court

•​the Children’s Court is dealing with a related proceeding, such as a child protection matter.^[60]

2.45​Magistrates in the Children’s Court have specialist training in working with children, including training in child development and behaviour. The Children’s Court also provides specialist services at court for children and young people and their families, including Court Support Coordinators. At the Melbourne Children’s Court, this includes family violence practitioners (also called applicant support workers).

2.46​The court is designed to be informal and supportive of children and their families’ participation. The Magistrates’ Court website directs people under 18 who wish to apply for a FVIO to the Children’s Court. We discuss the other ways children are supported in the Children’s Court at page 31.

Special measures to protect young victim survivors

2.47​The FVPA recognises the impact of family violence on children and has the purpose of ‘maximising safety’ for children and young people. There are special mechanisms in the FVPA which are designed to achieve this purpose.

2.48​The definition of family violence includes exposing a child or young person to family violence. ‘Behaviour which causes a child to hear, witness or otherwise be exposed to family violence or its effects’ will be considered family violence towards the child or young person. The Act recognises that exposing a child or young person to violence towards another family member is itself a form of harm.^[61]

2.49​There is a requirement that the court consider whether there are any children who may be exposed to family violence and include the child on an order if so.^[62]

2.50​A child or young person may be included on a FVIO in several ways:

•​a parent of the child may apply on the child’s behalf ^[63]

•​another adult may apply on the child’s behalf with the written consent of a parent or with leave of the court^[64]

•​an adult applying for a FVIO for themselves may include a child of theirs on the same application, where the application arises out of the same or similar circumstances^[65]

•​Victoria Police may apply on behalf of a child^[66]

•​a young person aged 14 or over may apply for themselves with leave of the court^[67]

•​the court may make a final order to protect a child on its own initiative.^[68]

2.51​A child may also be included on a FVIO when the court is making an order for an adult affected family member. The court must consider whether there are any children who may be exposed to family violence and include the child on an order if needed for their protection.^[69] If the child needs different conditions, the court can make a separate order at the same time.^[70]

2.52​In Stage 1 of this project, we heard that it is uncommon for children to be given separate FVIOs with different conditions to those of the adult affected family member.^[71] This may be because the need for unique conditions is not evident unless the court has information from or about the child.

2.53​A further way that the Act takes into account children and young people’s safety is in what the court is required to consider when determining conditions. The court must give ‘paramount consideration’ to the safety of the protected person and any children who have been subjected to family violence.^[72] The court may include any conditions that appear ‘necessary or desirable’ but safety is the most important condition.^[73]

The FVIO system and the Family Law Act

2.54​When a FVIO is made to protect a child in state courts such as the Magistrates’ Court or the Children’s Court, there may be other orders in place. This may include parenting orders made by the Federal Circuit and Family Court of Australia (the Family Court) under the Family Law Act 1975 (Cth). Parenting orders set out who a child lives with, who they spend time with, and who has parental responsibility.

2.55​A parenting order and a FVIO may be inconsistent. For example, a parenting order may require a child or young person to spend time with a parent, but the court which makes a FVIO may determine that this contact is not safe. The FVPA and Family Law Act include measures to address this inconsistency and ensure orders may be adapted to keep protected people safe.^[74]

Section 68R and the courts’ power to modify parenting orders

2.56​Under section 68R of the Family Law Act 1975 (Cth), when a state court makes, varies or extends a FVIO that is inconsistent with an existing parenting order, the Family Court order ‘may be revived, varied, discharged or suspended to the extent necessary to give effect to the FVIO’. The Magistrates’ Court or the Children’s Court, when making or varying a FVIO, has the power to change a Family Court order.^[75] The court may act on its own initiative or on application.

2.57​Section 68R is intended to ensure that protective orders are not undermined by inconsistent parenting orders, and to avoid victim survivors having to seek separate protective orders in the Family Court. However, modifying a parenting order can have a major impact on a child or young person’s circumstances. An order made under section 68R can change where a child lives or whom they live with, and whether they have any contact with or time in the care of a parent.

2.58​When parenting orders are made or varied in the Family Court, there are established mechanisms for a child or young person’s views to be heard by the court before a decision is made. We discuss these at page 36.

2.59​However, there is no equivalent mechanism in FVIO proceedings. When a Victorian court applies section 68R, a child’s existing arrangements to see and spend time with a parent may be substantially changed without any process for the child’s views to be heard.

2.60​Section 68R exists so that a FVIO can protect a child or young person who is at risk of harm. The FVIO system can change decisions made about a child’s circumstances without a formal mechanism to hear from the child or young person about the impact of this.

FVIOs and child protection orders

2.61​There is a similar process if a FVIO is made which includes a child or young person and there is an existing child protection order made under the Children, Youth and Families Act 2005 (Vic) (Children, Youth and Families Act).

2.62​However, a FVIO made under the FVPA prevails over a child protection order.^[76] The court is not required to revoke or vary the child protection order, but the FVIO may replace the child protection order arrangements.

The Children’s Court, when making a FVIO, may also vary or revoke an existing FVIO if it is inconsistent with an order the court is making under the Children, Youth and Families Act.

Children and young people under the law

2.63​The law generally defines a child as a person under the age of 18.^[77] Once a person turns 18, the age of majority, they are seen as independent and having legal capacity. Until this age, the law limits children’s ability to participate in legal processes and make their own legal decisions.

2.64​The law can both limit what children and young people can do, as well as extend special protections to them. For example, the child protection system is aimed at safeguarding children and young people from harm. The law recognises that children’s age, maturity and reliance on adults and carers to meet their needs means that additional measures are needed under the law to protect children from abuse and neglect within a family.

Children’s rights under the law

2.65​Children and young people’s rights and responsibilities vary in different situations and increase as they mature. For example, in Victoria, young people may:^[78]

•​become employed from 11 and have full employment rights and legal entitlements from age 15

•​apply for a learner’s permit from 16

•​leave school or home at age 17 and qualify as an ‘independent’ person who can receive a Youth Allowance

•​enter into certain binding legal agreements under 18

•​be an independent party in civil court cases from 18^[79]

•​be charged, arrested and found guilty of a crime from age 12^[80]

•​be sentenced for a crime as an adult from age 14.^[81]

2.66​These differences sometimes reflect that children and young people have evolving capacities which change as they mature, so they are granted more rights as they grow.

2.67​However, these differences also reflect that law and policy develop over time, sometimes in inconsistent and fragmented ways. Social pressures may influence when the law determines that someone is treated as responsible or entitled to specific rights or protections.

Children’s human rights

2.68​Specific rights of children are recognised in international and Victorian law. The United Nations Convention on the Rights of the Child (The CRC or Convention) is one of the most widely ratified international human rights treaties. Australia ratified the CRC in 1990.^[82]

2.69​The Convention outlines some of the rights children have in relation to legal proceedings. Article 3 establishes that a child’s best interests must be a primary consideration in all actions concerning children. Article 12 establishes a child’s right to participate in any matter affecting them, including ‘judicial and administrative proceedings.’ The right in Article 12 has two parts. Children have the right to both:

•​express their views and

•​have those views given due weight.

2.70​The Committee on the Rights of the Child has stated that Article 3 and Article 12 are complementary. This is because the purpose of a decision is to make sure a child’s best interests are considered and the way that this is done is by ensuring their views are shared and given weight.^[83]

2.71​The Committee on the Rights of the Child discourages limiting in law or practice the right of the child to be heard. It observes that while a child does not have the right to self-determination, more weight should be given to a child’s views when they ‘understand and assess implications of a particular matter’ and form their views in a ‘reasonable and independent manner’. Collectively, the right requires an enabling environment that makes the child feel respected and secure.^[84]

2.72​Australia is required under international law to act in a way which is consistent with the CRC. For the CRC to have effect in law in Victoria or Australia, it must be incorporated in domestic legislation.^[85]

2.73​This means that the CRC can:

•​influence how law and policy is developed

•​assist Victorian courts in interpreting Victorian statutes.^[86]

2.74​In Victoria, the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) is the main law which promotes and protects people’s human rights.

2.75​Under the Charter, children and young people have:

•​the rights to equality under the law and to a fair hearing

•​the right ‘without discrimination, to such protection as is in the child’s best interests and is needed by the child by reason of being a child’^[87]

2.76​Rights in the Charter can be limited if the limits are ‘reasonable and justified’. When the Victorian Parliament makes laws, the Minister who is introducing the Bill must prepare a statement of compatibility with the Charter to explain which human rights it may affect and why any limits on these rights should be allowed.

Human rights in the Family Violence Protection Act 2008

2.77​The Act does not give children and young people an automatic right to take part in FVIO proceedings. Instead, it limits the circumstances in which children may be present and participate in court processes.

2.78​The Act was not assessed against the Convention on the Rights of the Child. The participation right in Article 12, which gives children a right to express views and have those views given due weight in matters affecting them, has not been considered in the development of the FVPA.^[88] This reflects the different legal impact that the Charter and the Convention have in Victorian law.

2.79​However, the Convention may be influential in how legal proceedings are conducted in courts.^[89] For example, in Stage 1, we heard that some community legal centres raise the Convention when seeking leave for a child or young person to be involved in a FVIO matter.^[90]

2.80​These provisions are intended to protect children from the impact of legal conflict on themselves and their families. They were intended to recognise that children are uniquely at risk because of their developmental stage and the long-term impacts of family violence.^[91]

2.81​When the FVPA was passed, Parliament considered whether the law was compatible with the Charter, including children and young people’s protection. The restrictions the FVPA places on children’s participation in FVIO proceedings were seen as justified limitations of Charter rights. This is because they were intended to protect children from the harms associated with exposure to legal conflict between adult family members.^[92] The restriction was also seen as reasonable because children can access protection in other ways, including through applications by police or other adult family members.^[93]

How children participate in the FVIO system

‘Isaac’s Story’^[94]

2.82​The FVPA permits children and young people to participate in court processes in certain ways and at certain ages. The Act requires a magistrate to consider the circumstances of the individual child or young person before allowing them to participate in FVIO proceedings.

2.83​The purpose of these provisions is to protect children and young people from harm. However, in Stage 1 of this project, some young people told us that they felt excluded from the court process rather than protected by it, and that this compounded the harm they faced. In this section, we outline when and how the FVIO system restricts or permits children’s participation in FVIO proceedings, and the impacts that this has had on some children and young people who have experience of the FVIO system.

Applying for a FVIO as a child or young person

2.84​A young person aged 14 or older may apply for a FVIO themselves, but the court must first give ‘leave to apply’.^[95] To grant leave, a magistrate must be satisfied that the young person ‘understands the nature and consequences’ of a FVIO.^[96]

2.85​Guidance for magistrates in the Family Violence Bench Book suggests that court should consider: ^[97]

•​the reason the young person wants to apply

•​their age and maturity

•​the nature of the violence

•​their relationships with family

•​whether someone else could apply

•​the need to promote positive family relationships

•​for First Peoples young people, the need to maintain connections to family and community

•​impact on safety and development

•​whether delay would cause harm

•​any other matters the court considers relevant.^[98]

2.86​A young person seeking to extend, change or revoke a FVIO made for them must also seek leave to make this kind of application.^[99]

2.87​Court data indicate it is rare for young people to be applicants for a FVIO. In 2023–24:^[100]

•​people under 18 were the primary applicant in only 77 of 34,651 cases in the Magistrates’ Court in which an application was made to protect a child (less than one per cent of all cases)

•​people under 18 were the primary applicant in 50 of 1,246 cases in the Children’s Court in which an application was made to protect a child (4 per cent of all cases).

2.88​While the Act allows children as young as 14 to apply, we heard in Stage 1 that it is often the case that these applications are brought by young people aged 16-17. We heard this may be because young people in this age group may be unaccompanied (i.e. they do not have a protective parent who can make the application on their behalf).^[101]

2.89​The majority of FVIO applications for people under 18 relate to violence perpetrated by a parent or other adult family member.^[102] However, some young people may be seeking protection from intimate partner violence by their own former or current partner.^[103] In 2024-25:

•​In the Magistrates’ Court, 284 of 34,651 (0.8 per cent) of applications made for or by a person under 18 were against current or former domestic or intimate partner of the young person.

•​In the Children’s Court, 277 of 1,246 such applications (22.2 per cent) were made for or by person under 18 against their current or former domestic or intimate partner.^[104]

2.90​Young people who wish to apply for a FVIO and seek assistance in the Magistrates’ Court are directed to apply at the Children’s Court of Victoria. Children’s Court registrars or support worker can help them obtain legal support. A grant of legal aid is available, although we heard at Stage 1 that the requirement to seek legal aid for an application for leave and for representation in a FVIO matter can make the process more complicated.^[105]

2.91​Once leave is granted, the young person has the same ability to participate in a FVIO proceeding as an adult party. They can obtain legal assistance, make their application and, as a party to the proceedings instruct their lawyer, attend court, give evidence, and receive copies of any orders and documents filed.

2.92​However, a child or young person under 14 cannot apply for a FVIO in any circumstance. An adult must apply on their behalf, or police may make the application. The court may allow children under 14 and young people other than applicants to participate in other ways, described below.

Participation other than as an applicant

2.93​The FVPA does not clearly recognise children who are not applicants as parties to a FVIO matter, even where they are named in an order as an affected family member.

2.94​An adult affected family member is a party to FVIO proceedings, even if the police have made the application.^[106] As a party, they:

•​receive a copy of the application and any orders made

•​may be present at hearings

•​may be legally represented

•​may apply to extend, vary or revoke an order

•​have a right to seek review or appeal of a decision.

2.95​A young person aged 14 or older who has been granted leave to apply for a FVIO is also a party and may exercise the same procedural rights as an adult applicant. However, where a child is not an applicant, they are not usually considered a party to the proceedings. Children and young people who have not been granted leave to apply for a FVIO do not have the procedural rights of other protected people.

2.96​There are three key ways in which a young person who is an affected family member may be involved in a FVIO matter. These are outlined below.

Representation by a lawyer

2.97​A child or young person who is not an applicant or respondent may be represented by a lawyer in FVIO proceedings only where the court grants leave on its own initiative.^[107] This means the court must decide for itself that a child should be represented, rather than because a party has asked the court to decide this.

2.98​The court must consider whether legal representation is ‘appropriate in the circumstances’ and must consider the desirability of protecting children from unnecessary exposure to the court system and the harm that could occur to the child and to family relationships from direct representation.^[108]

2.99​The intention behind this limit is to protect children from being drawn into proceedings between their parents, except where their interests may need to be separately represented.^[109]

2.100​A child granted representation under section 62 may be of any age and will typically be able to access a legal aid lawyer at no cost.

2.101​It is not clear how frequently children and young people who are affected family members are being granted representation under section 62. The decision to permit a child to be independently represented is a direction made by a court during a proceeding rather than a separate order, so data is limited. However, in Stage 1 of this project we heard some indication from some organisations that it is rare for the court to make this direction.^[110]

Giving evidence as a child or young person

2.102​FVIO proceedings are civil and adversarial. If a matter goes to a contested hearing, both the applicant and the respondent may give evidence and call witnesses, who may be cross-examined.

2.103​However, the FVPA includes protections to address how evidence is given. For example, if a respondent is self-represented the court must arrange for cross-examination to be conducted by a legal practitioner. This is designed to protect victim survivors from direct questioning by a perpetrator, which may be ‘intimidating and traumatic’.^[111] The court may also close proceedings to the public while a witness is giving evidence.

2.104​While a child or young person may give evidence in a FVIO matter, the court must consider the ‘desirability of protecting children from exposure to the court system’ and ‘the harm that may be caused to a child and to family relationships if this is permitted.’^[112] Children who give evidence must do so from outside the courtroom by closed-circuit television, unless the court is satisfied that the child is able and wishes to give evidence in court.^[113]

2.105​As noted above, FVIO matters are most often resolved on a consent basis, so the court is rarely required to hear evidence about the violence which has occurred.^[114] The combination of the civil standard of proof and the broad definition of family violence may also mean that, even in contested matters, it is rare for a child’s evidence to be required for an applicant to be granted a FVIO.

2.106​In consultations for Stage 1, we heard that some children and young people wished they had had the opportunity to tell the court their views about the need for a FVIO and the family violence they had experienced. Some young people we spoke to believed this would have helped the court understand the ongoing risk they and their family members faced.^[115]

‘Irina’s Story’^[116]

2.107​When it comes to giving evidence, there may be little difference between how young people and adults may participate, because most matters are not contested. However, the young person who shared this story with us in Stage 1 believed that in her case her evidence could have resulted in a different outcome.

Being present in court

2.108​Unless the court orders otherwise, a child who is an affected family member or protected person must not be present in court.^[117] The court may permit a child to be present but must consider the desirability of protecting children from exposure to the court system and the harm that could occur to the child and to family relationships. This is different for a young person over 14 who has been given leave to apply. As a party, they will be entitled to be in court.

2.109​Section 150 of the Act is intended to protect children from unnecessary exposure to the court system and from the harm to the child and to family relationships that could result from being present.^[118] The restriction recognises that being present in court can be distressing to young victim survivors.

2.110​FVIO matters are more commonly heard in the Magistrates’ Court of Victoria rather that the Children’s Court of Victoria, and it is common for proceedings to take place in the Magistrates’ Court ‘Family Violence List’. This means that many different people’s matters are scheduled to take place on the same day, and a magistrate hears each case as parties and their lawyers are available.^[119] Many parties from different matters may be in waiting areas or waiting in or near the courtroom for their matters to be heard.^[120]

2.111​Specialist Family Violence Courts are designed with safety features to make the court experience less difficult for victim survivors and reduce contact with perpetrators. Many of these courts have separate entrances, waiting areas and child-friendly spaces, while these are being completed at other Specialist Family Violence Courts across Victoria.^[121] However, these courts are still open to the public.^[122] Access to these specialist courts also varies, depending on where a FVIO matter is heard. Availability varies between regional and metropolitan Victoria.

2.112​Because of the way family violence matters are heard, children and young people who are present at court may be exposed to confronting or distressing situations. This may include seeing a perpetrator, hearing details about family violence against a family member which they did not know about, or being exposed to distressing information about their own family’s circumstances and those of other people at court.^[123]

2.113​However, we heard during Stage 1 that some children and young people did wish to go to court and be present during proceedings:

‘Isaac’s Story’^[124]

2.114​Organisations we spoke to observed that in many cases, children and young people are already aware of the family violence occurring within their family and wished to have the opportunity to support an adult affected family member or tell the magistrate their views about the FVIO.^[125]

Greater options for participation in the Children’s Court

2.115​In Stage 1, we heard that children’s views are more likely to be heard on FVIO matters when those matters are dealt with in the Children’s Court rather than the Magistrates’ Court.

2.116​The current Children’s Court is established by the Children, Youth and Families Act, which contains child-centred provisions that require the Children’s Court, in matters under that Act to:^[126]

•​treat a child’s best interests as paramount

•​consider their views and wishes

•​respect their identity

•​ensure children understand the proceedings and any orders made^[127]

•​ensure the child is allowed to fully participate in proceedings.

2.117​There is no equivalent requirement in the Magistrates’ Court Act 1989 (Vic).^[128]

2.118​The Children’s Court is not required to apply these principles in FVIO proceedings.^[129] However, in Stage 1 of this project some organisations told us that children and young people receive greater support and opportunities to participate in the Children’s Court than in the Magistrates’ Court.

2.119​We heard that there are cultural, structural and legislative differences in how magistrates work with children in the Children’s Court compared to the Magistrates’ Court. Magistrates in the Children’s Court may be more confident about letting children and young people be present in court or represented in FVIO proceedings compared to magistrates in the Magistrates’ Court.

2.120​This may be in part because of the services available in the Children’s Court, including access to duty lawyers and processes for the registry to refer young people to arrive at court without support for representation. The Children’s Court Clinic may also give its expert opinion to the Court about the capacity of a child to be involved in proceedings. Other people at court, including police prosecutors and child protection workers have a similar focus and expertise in assisting in matters involving children.

2.121​We heard that the more child-centred approach to FVIOs in the Children’s Court may also be because these proceedings are often heard alongside related child protection matters. In these cases, the child will often already have a lawyer, be entitled to be present in court and share their views and participate in proceedings under the Children, Youth and Families Act.

2.122​Where a child is not already independently represented in a child protection proceeding, Children’s Court magistrates may be more open to appointing independent representation under section 62 than magistrates in the Magistrates’ Court. Section 524 of the Children, Youth and Families Act provides that the Children’s Court may adjourn a proceeding in the Family Division to enable a child to obtain representation if they are not already represented.^[130] The independent representation of children is therefore common in Children’s Court proceedings.

2.123​We heard in Stage 1 of this project that the availability of these child-centred services and a legislative focus on children may mean a decision-maker in the Children’s Court has greater confidence a child is adequately supported, both at court and outside of court, and can participate in proceedings without the risk of harm.^[131] In contrast, services in the Magistrates’ Court, including duty lawyers and applicant support workers, are tailored to providing support for adult victim survivors, and may not always be available at all courts.^[132]

Other ways children and young people may be heard in FVIO matters

2.124​Except for the options outlined above, there is no formal mechanism for children and young people to give their views on FVIO matters in the Magistrates’ Court, such as by speaking to a magistrate or sharing views through a representative or support person. This is different from the approach in some other jurisdictions, including other countries’ family violence order systems, Victoria’s child protection system, or the Family Court. We discuss this at page 35.

2.125​Children and young people’s views about a FVIO or the conditions it includes may sometimes be shared with the court in informal ways. For example, in Stage 1, Victoria Police told us that police applicant may seek a young person’s views and share them with the court.^[133] An adult affected family member may also tell the court the wishes of a child or young person who is protected under their order.

2.126​We have heard that some children and young people seek help from community organisations because they want to be involved in a FVIO matter.^[134] Sometimes, a child or young person may seek assistance to change an order after it has already been made for their protection.^[135] Other young people may not be aware that proceedings are taking place, or that they can seek permission to be represented or present.

Access to information and support for children and young people

2.127​Before a child or young person can participate in the FVIO system, they require information about it. During Stage 1 of this project we heard there may be gaps in the information and support which children and young people can access.

Information available to children and young people

2.128​Many children and young people do not know about the FVIO system or how they can be protected from family violence. Young people may not be aware that they can seek a FVIO.^[136] Although information is available on the Magistrates’ Court and Children’s Court websites, it is not tailored to children.^[137] In comparison, the Federal and Family Court of Australia’s Kids’ Corner website and resources give children information about the Court, what happens in court, and services available, in written, audio and video forms. Resources are aimed at different ages and reading levels.^[138]

2.129​In Stage 1, we also heard that children and young people may not be aware than a FVIO is being made or has been made. A child who is named on a FVIO is not served with a copy of the order. Instead, a parent or carer is served. Children and young people rely on a parent, carer or adult affected family member for information about a FVIO and what it means.

2.130​Even where a child or young person knows an order has been made, they may have trouble obtaining it. To get a copy of a FVIO from the court, a young person must provide proof of their identity to the court registry, in person or by email. This is meant to protect people’s privacy, by making sure people who are not involved in a case cannot find out information about it. However, because children and young people often do not have an approved form of identification, this can be a barrier to a child or young person finding out if an order exists and what it means.

2.131​In Stage 1, we were told that it could be distressing for children and young people to find out information about a FVIO or be given a copy of an order.^[139] However, some people told us that not knowing about a FVIO or options for protection may cause harm or risk to children and young people. They may not:

•​know how to seek help if they are the victim of family violence

•​understand why a respondent parent is no longing contacting them or seeing them because a FVIO prohibits it^[140]

•​know when a FVIO has been breached by a respondent or be able to tell anyone this has happened

•​know when protection of a FVIO ends or options to extend or change it.

Support available for children and young people

2.132​Access to information, family violence support and the FVIO system may not meet the needs of children and young people who do not have a parent or family member supporting them.

2.133​One recent Victorian study has identified gaps in support services available for young victim survivors. Safe Steps’ Seeking Help in Their Own Right report found that family violence services are designed for adults and youth-specific specialist family violence services are limited. Unaccompanied young people face barriers to eligibility for services.^[141]

2.134​Youth-focused legal services, such as school lawyer programs operate in some Victorian schools, with community legal centres and Victoria Legal Aid providing on-site legal services.^[142] Other youth-focused services can provide advocacy and support to young people who need help with family violence and family law issues. However, many organisations and advocates have observed that access to legal and family violence services may be limited, particularly in regional areas.^[143]

How children and young people participate in other legal settings

2.135​In other legal settings, children and young people have a greater opportunity to participate in court processes than they do in the FVIO jurisdiction. We examine the differences between the FVIO system and other systems in Victoria, and between the FVIO system and other places’ family violence order systems below.

Child protection

2.136​In child protection matters, the Children’s Court is required to promote children’s participation and best interests.^[144] The Court must allow a child to participate fully in proceedings about matters that affect them and ensure the child understands the nature and implications of proceedings and any orders. Children do not need to reach a certain age before their views are heard, although how they participate may vary depending on their age, developmental capacity and ability to understand proceedings.

2.137​Decisions must treat a child’s best interests as the paramount consideration. The Children, Youth and Families Act requires the court to take into account ‘the child’s views and wishes, if they can be reasonably ascertained’ when deciding what is in a child’s best interests.^[145] Children have the right to decide whether they attend child protection proceedings.^[146]

2.138​Children represented in child protection matters may be present in court while the matter is being heard, and may give evidence, although this is rare. Children may be legally represented by their own independent lawyer.

2.139​There are two forms of representation: ‘best interests’ representation and ‘direct instructions’ representation.^[147] Typically a child aged 10 or older is legally represented on a direct instructions basis.^[148] This means that the child or young person’s lawyer acts as the child or young person has instructed them. Children under 10 are appointed a lawyer who acts in their best interests. In both cases, representation is funded through a grant of legal aid. We discuss different models of representation below.

Youth justice

2.140​The Children’s Court also hears cases where children have been charged with criminal offences. In criminal proceedings, a young person is not only able to be present but is expected to appear in court.^[149] A child accused of a crime must be represented by a lawyer, and a hearing must be adjourned until the child is represented.^[150]

2.141​Twelve is the age of criminal responsibility in Victoria. This means that a person as young as 12 can be charged and sentenced for a crime. A child who has been charged with a criminal offence is treated as being capable of taking part in a hearing and instructing a lawyer.^[151]

2.142​The youth justice system’s approach to children contrasts sharply with the FVIO system. The FVPA states that only children 14 years of age or older may be applicants, and only with leave of the court. However, children as young as 12 may be respondents in FVIO matters and face criminal charges and penalties.

2.143​Research has suggested that there is an association between being a victim of family violence as a young person and people who go on to use family violence.^[152] There may also be overlap between children and young people who have been victims of harm and those who are involved in the youth justice system. For example, a Sentencing Advisory Council report has suggested that 60.4 per cent of children in the youth justice system in the four-year period to 2019 had also been involved in the child protection system as victim survivors of family violence, child abuse and neglect.^[153]

2.144​The youth justice system reveals a contradiction. While a child or young person under 14 may be treated as an accused in the youth justice system, they may not be recognised as an agent and a victim survivor in their own right in the FVIO system.^[154]

The Family Court

2.145​The Federal Circuit and Family Court of Australia (the Family Court) makes decisions about children’s care after parents separate. Under the Family Law Act 1975 (Cth), the court hears applications about care (such as who a child lives with or has contact with) and other matters such as who has parental responsibility.

2.146​The Family Court must consider a child’s best interests when making decisions about a child.^[155] The court decides what is in a child’s best interests based on a range of factors. One of these is any views expressed by a child.^[156] The Court has a range of mechanisms to do this.

2.147​A child or young person may be an applicant in a Family Law Act order, but this is very uncommon.^[157] The main ways a child’s views are heard independently by the Family Court are through:

•​the appointment of an Independent Children’s Lawyer (ICL), who represents the child’s best interests and may put the child’s views to the court

•​court children’s service experts (formerly known as Family Consultants), who provide expert assessments about a child’s situation to assist the Court.

Independent Children’s Lawyers

2.148​An ICL is a lawyer appointed by the court to represent the child’s best interests.^[158] An ICL must form an independent view, based on the available evidence, about what orders are in the child’s best interests, and act in the child’s best interests in the proceedings.

2.149​The ICL must ensure that any views expressed by the child are fully put before the court. However, an ICL is not required to act on the child’s instructions.^[159] This means that an ICL is a best interests representative, rather than a direct instructions representative. The lawyer assists the court to make decisions about the child’s best interests, rather than advocating for what a child wishes.

2.150​The ICL assists the court, the child and the parties in other ways. An ICL may bring matters to the court’s attention, analyse expert reports or evidence and try to help parties to settle matters outside of court.^[160]

2.151​Not every child in a Family Law Act matter will have an ICL appointed. However, high-conflict cases, cases involving serious allegations of abuse or violence, and complex differences may have an ICL appointed.^[161] Where an older child has expressed a strong view about parenting arrangements an ICL may also be appointed. Appointment of an ICL is common in matters managed under the Evatt and Magellan Lists.^[162] These court lists deal with high-risk matters identified through risk screening, including family violence cases and serious allegations of physical or sexual abuse of children.^[163]

2.152​Data from the Family Court indicate that a high proportion of matters which come before the court involve complex issues, including family violence.^[164] An ICL may not be appointed in every matter in which family violence is alleged. There are also data which indicate that, while appointments of ICLs have increased significantly in recent decades, funding and availability of ICLs may not meet demand.^[165]

2.153​Where an ICL is appointed, they are required to meet with the child whose best interests they represent at least once and provide the child with an opportunity to express their views.^[166] There are some exceptions for this for very young children or in other special circumstances.^[167] The requirement for ICLs to meet with children is a recent change and is designed to make sure children’s views are consistently put to the Court.

Court children’s service experts

2.154​The Family Court may also hear information about a child’s views and wishes through other mechanisms. Where an ICL has not been appointed, an expert from the Court’s Children’s Service may be appointed to provide an independent report to the court, called a Child Impact Report or a Family Report.

2.155​The expert meets with the parents and often meets with the child or young person, before providing an independent assessment of what is in the child’s best interests. A child’s views, wishes and concerns may be reflected in the report. The court is neither required to follow the expert’s recommendations nor the views expressed by a child or young person. However, an expert report offers a method for a child or young person to express views without being exposed to a court process or parental conflict.

KidsTalk

2.156​Family Dispute Resolution is a pre-Family Court step which parties are usually required to complete before they can seek an order from the Family Court. Victoria Legal Aid runs a child-inclusive Family Dispute Resolution Service, called KidsTalk.

2.157​In the KidsTalk program, an independent child consultant meets with a child or young person to hear their views about parenting matters. The independent child consultant shares these views with parents and the mediator who is conducting mediation. The child’s views shape the focus of the mediation and are used to help parents agree to parenting decisions and arrangements for care and conduct of children.

2.158​KidsTalk is an out-of-court process and the consultant’s report is confidential. Children participating in the program doubled between 2021-22 and 2024-25, from 91 children to 173 children. Parties settled their matters in 92 per cent of cases in KidsTalk mediations in 2024-25. By comparison, 81 per cent of non-child-inclusive mediations settled in 2024-25.^[168]

Children’s participation in family violence orders in other places

2.159​Other Australian states and territories differ in how they permit children and young people to participate in family violence proceedings.

2.160​The features of some of these different approaches are summarised below. A summary of the approach in other Australian jurisdictions is included at Appendix A.

2.161​We focus on models that are noticeably different to the Victorian approach. Outside Australia, other countries have unique systems for children and young people to be protected and supported at court. This ranges from offering no opportunity to participate to giving children full rights to be involved in proceedings in line with Article 12 of the Convention.

Approaches in Australia

2.162​All Australian jurisdictions define family violence to include behaviour that exposes a child to family violence, and all permit the court to include a child on an order that protects an adult affected family member.

Children and young people as applicants

2.163​States and territories have different rules about when a child or young person can apply for protection on their own, and if they can have representation or support to do this. Some places, such as New South Wales, permit young people in the older age group, 16-18 to apply alone without any leave requirement.^[169] Others, such as Tasmania and Australian Capital Territory (ACT), do not prescribe an age at which this is allowed.^[170]

Legal Representation of non-applicants

2.164​No other Australian jurisdiction has an equivalent rule to Victoria which gives the court the power to order that a child who is not an applicant should be separately represented.^[171]

2.165​However, Queensland provides that a child who is a party or a witness must be given the opportunity to obtain representation.^[172] In the ACT, the court may appoint a litigation guardian, but this relates to a child who is an applicant rather than a child who is an affected family member.^[173] A litigation guardian is a person who conducts proceedings on behalf of a person who does not have legal capacity, such as a child or young person, or a person who has a disability which means that they cannot manage the case themselves.^[174]

Evidence given by children in family violence matters

2.166​Most Australian jurisdictions have special measures to protect child witnesses. This may include limiting how a child can give evidence, such as by closed circuit television only, and restricting cross-examination by a respondent.^[175] In New South Wales, there is a presumption against a child or young person giving evidence in a family violence matter.^[176]

2.167​It is common for children and other protected witnesses to only be permitted to give evidence via closed-circuit television in a separate location to the courtroom. Most other states and territories also limit when a respondent can directly cross-examine a child or young person who is giving evidence.

Presence of children and young people at court

2.168​No other Australian jurisdiction has a rule like Victoria’s, which restricts when children and young people may be present in court.^[177] Victoria’s FVPA is more restrictive than other states and territories’ equivalent family violence laws. However, it is likely that magistrates hearing family violence matters in other states and territories have implied powers to regulate their own procedure. This may include the power to direct a person, including a child or young person, to leave the courtroom.

Approaches in other countries

2.169​Other jurisdictions outside of Australia vary in how they permit children and young people to participate in family violence proceedings. As set out below, some countries focus on protecting children from court processes. Others have family violence legal systems which emphasise children’s right to participate and be part of legal decisions which affect them.

New Zealand

2.170​In New Zealand, the Convention on the Rights of the Child has been incorporated into the law relating to child protection and parenting decisions. The Family Violence Act 2018 (NZ), which establishes the family violence order system in New Zealand, includes a requirement to consider children’s views in family violence matters.^[178]

2.171​A child may apply to the Family Court of New Zealand for a protection order in their own right. Young people 16-18 may apply without a representative, and a child under 16 must apply through a representative, such as a parent, guardian or an approved family violence agency.^[179] Where an application is made on behalf of a child, the child ‘may be heard in the proceedings’ and, if they express views, ‘the court must take account of those views.’^[180] This may be done within proceedings, via a child’s lawyer, or by a judge ascertaining the child’s views by meeting them directly.^[181]

2.172​It is common for the Family Court of New Zealand to hear family violence order and parenting order applications as part of the same proceedings. Unlike Australia, New Zealand does not have a separate federal Family Court and a state court system. Child protection matters are also heard by the Family Court of New Zealand.^[182] A ‘Lawyer for Child’ will be appointed for a child in a parenting dispute and acts for a child on a ‘best interests’ basis.^[183] The court also has a broad power under the Family Violence Act 2018 (NZ) to appoint a lawyer to assist the court or represent a child in a family violence matter.^[184]

Republic of Ireland

2.173​In the Republic of Ireland, the Domestic Violence Act 2018 contains specific provisions for the protection of children by safety, protection or barring orders.

2.174​A person under 18 cannot apply for a safety, protection, or barring order in their own right. However, Tusla, the Child and Family Agency, may apply for a safety or barring order against a violent adult on behalf of the child.^[185] A child may also be named on an order protecting an adult family member.

2.175​Where a family violence order is sought on behalf of a child or a child may be included on an adult’s order, the court is required to obtain the child’s views. The court may appoint an expert to speak to the child and ask their views.^[186]

England and Wales

2.176​In England and Wales, there are several orders such as domestic violence protection orders, non-molestation orders, and occupation orders that together offer similar protections to FVIOs.^[187]

2.177​Domestic abuse protection orders are being introduced in some parts of England and Wales. They are made under the Domestic Abuse Act 2021 (UK), which replaces domestic violence protection orders under the Crime and Security Act 2010 (UK). These orders define family violence broadly and allow the courts and police to tailor a range of protections to suit the circumstances of a victim survivor.^[188]

2.178​A domestic abuse protection order is for the victim survivor only. The protected party has to be over 16 years of age and the respondent has to be over 18. A child cannot be included on an application as a victim survivor in their own right.^[189] If a child requires protection in any other circumstance, they must apply for a non-molestation order or a prohibited steps order. These orders are dealt with by the Family Court under the Family Law Act 1996 (UK).^[190] A child under the age of 16 may not apply for an occupation order or a non-molestation order except with the leave of the court, which may be granted only if the court is satisfied that the child has sufficient understanding to make the application.^[191] Children involved in private family law proceedings may be supported by Children and Family Court Advisory and Support Service (Cafcass) officers. Cafcass officers safeguard children’s interests and provide independent reports to the court about the child’s situation and views.

2.179​A pilot private law Pathfinder initiative operates in a growing number of family courts in England and Wales and is being expanded over 2025-26. The Pathfinder program adopts a more investigative approach requiring multi-agency information gathering at the outset. Organisations like Cafcass and other agencies produce a Child Impact Report that incorporates the views of the child and includes a risk assessment from a domestic abuse specialist. The program aims to reduce delay and prevent retraumatisation in cases involving domestic abuse.^[192]

Scotland

2.180​In Scotland, under the Age of Legal Capacity (Scotland) Act 1991, a person gains full legal capacity at the age of 16.^[193] However, they are still considered a child until they reach the age of 18 for the purposes of civil or family law proceedings and child protection matters.

2.181​The Children (Scotland) Act 1995 requires a court considering making an order in relation to a child to ‘have regard to the need to protect the child from abuse or risk of abuse.’^[194] The Domestic Abuse (Scotland) Act 2018 also empowers the court to make a non-harassment order where a person has been convicted of abuse towards a current or former domestic partner or aggravation in relation to a child.^[195] The court must consider whether to include a child who resides with either party, or who has been the victim of abuse.^[196]

2.182​Scotland has incorporated the United Nations Convention on the Rights of the Child into Scots law.^[197] Section 16 of The Children (Scotland) Act 1995 requires a decision maker to give a child or young person an opportunity to indicate whether they wish to express their views, an opportunity to express them, and to have regard to such views, taking account of their age and maturity.

2.183​Before 2020, a child was presumed to be of sufficient age and maturity to form a view at age 12. Reforms to the law in 2020 replaced this rule with a requirement that, when deciding whether a child is capable of forming a view, the decision-maker ‘is to start with the presumption that the child is’ capable.^[198]

Canadian jurisdictions

2.184​In Canada, child protection and most family violence protection orders are based on provincial and territorial law and vary significantly between provinces.^[199]

2.185​In Alberta, emergency protection orders and King’s Bench protection orders are made under the Protection Against Family Violence Act.^[200] A person seeking an order may apply themselves, or a designated person may apply on their behalf as long as they consent, or with the leave of the court.^[201] Family members are commonly included in an order protecting a claimant, including children in the person’s care and custody.

2.186​Alberta’s Child, Youth and Family Enhancement Act provides separately that a child capable of forming an opinion is entitled to express that opinion on matters affecting the child in child protection proceedings.^[202]

2.187​Newfoundland and Labrador’s Children, Youth and Families Act 2019 requires the judge to meet with a child who requests that their views be known.^[203]

2.188​In British Columbia, the Family Law Act 2011 includes family violence as a specific factor in best interests determinations in parenting matters and provides for protection orders extending to the child as well as the applicant.^[204]

A range of approaches to children’s participation

2.189​Models from other legal settings in Victoria, other Australian jurisdictions and other countries indicate that there are a wide variety of approaches to how much agency children and young people are granted in family violence proceedings, and at what age this applies.

2.190​This is summarised below, from least to most direct participation:

•​No direct involvement: A child or young person under 18 has no direct role in family violence proceedings. An adult is required to apply on a child or young person’s behalf or the matter is treated as a child protection issue. The child does not participate as a party, is not represented, and does not give views to the court. This is the model that operates in Queensland in most circumstances.

•​No direct involvement, but views communicated through another party: A child does not go to court or formally participate in proceedings. However, their views, wishes and experiences are provided to the court to inform decisions, such as via police or an agency. This is the model in the Republic of Ireland, in which a specialist agency may make an application for a child and an expert may obtain and share their views with the court.

•​Best interests representation: A child may have a lawyer, but the lawyer’s task is to assist the court to identify what is in the child’s best interests rather than to advocate for the position the child has instructed. The lawyer ensures the child’s views are put before the court, but the court is not bound to act on them.

Independent Children’s Lawyers in the Family Court of Australia are an example, as are equivalent roles in family law matters in Canada, England and Wales, and New Zealand. In Victoria, best interests representation is used in child protection matters for children under 10, and for older children whom the court determines lack sufficient maturity to give instructions.^[205]

•​Litigation guardians: A child may participate with the assistance of a non-lawyer support person. A litigation guardian (also known as a case guardian, litigation representative, guardian ad litem, tutor, next friend, or litigation friend) is a person appointed to conduct legal proceedings on behalf of someone without legal capacity to do so themselves. A litigation guardian makes decisions about how proceedings are conducted, including instructing a lawyer where one is engaged.

A ’McKenzie friend’ (also known as a lay assistant) is a non-lawyer who attends court with a self-represented party who does not have legal capacity.^[206] They provide quiet support, taking notes, helping find documents and offering moral support and are similar to litigation guardians.

In the ACT, children may apply for family violence orders with a litigation guardian. In England and Wales, applicants under 16 must have a litigation friend.

•​Direct instructions representation: A child or young person is represented by a lawyer who must follow the child’s instructions, in the same way that a lawyer represents an adult client. The child leads the case. In Victoria, direct instructions representation is the model in the youth justice system for children aged 10 or over, and in child protection proceedings for children 10 or over who have sufficient maturity to give instructions.^[207]

Ways to share views outside of court

2.191​The models above outline ways children can participate in court. However, children’s views may also be heard through mechanisms outside court. For example, the KidsTalk program in family law matters in Victoria offers a way for children to share views with an independent child consultant, who talks with children involved in family separation and shares their views in mediation.

2.192​Similarly, in England and Wales, the private law Pathfinder pilot prioritises multi-agency information gathering, early safeguarding checks, and child impact reports that document children’s wishes, experiences and risk of domestic abuse before the first hearing. These mechanisms are not a substitute for participation in proceedings but may help children’s views to shape outcomes earlier and in a less adversarial setting.

2.193​In Stage 1 of this project, we heard from some young people who were reluctant to come to court to seek ongoing protection under a FVIO after they had just turned 18.^[208] Some young people may feel traumatised by family violence and the requirement to attend court and see a perpetrator. Out-of-court models may offer children and young people a way to express views and inform outcomes without being exposed to conflict or retraumatisation.

Where Victoria family violence system sits

2.194​In the FVIO system in Victoria’s Magistrates’ Courts, direct instructions representation is available for children and young people, but is limited to cases where the court gives a child leave to be represented of its own initiative, or where a young person who is over 14 is an applicant. This also applies in the Children’s Court of Victoria. However, children and young people in the child protection system may also be able to express views on a FVIO via their lawyer, even where they are represented on a ‘best interests’ basis.

2.195​However, there is no express mechanism in the Act itself for a child’s views to be shared with the court in any other way, at any age, in the FVIO system.^[209] There is no equivalent to an Independent Children’s Lawyer, or consistent formal mechanisms for views to be shared with an expert outside of court and provided to the magistrate to inform decisions.

Recognition of children and young people in their own right

2.196​Many youth advocacy organisations, family violence services, legal practitioners and people with lived experience told us during Stage 1 of this project that children and young people are at risk of falling through the cracks in justice responses to family violence. We heard that protection and supports which are designed for adult victim survivors do not consistently meet the needs of young people.

2.197​In Stage 1, we heard that young people who might have wanted the opportunity to apply for their own FVIO, or to change a FVIO, were unaware of these options. Others had views which were different from an adult affected family member, including a wish for a different outcome or conditions. We heard that young people were often unaware that their views could be considered and reflected in separate FVIOs or conditions. Many only learned about a FVIO after it had been made and had impacted their ability to see a parent or family member.^[210]

2.198​A number of these stories described how court processes happened around children and young people, with little information being shared with them. One young person who shared his story had been told the court was ‘no place for children’ even at age 17.^[211] Another identified that being excluded from court did not mean being protected from harm:

‘Jess’ Story’^[212]

2.199​Participation may not only give children and young people a sense of agency and trust in legal systems. It may also assist courts to understand victim survivors’ circumstances and make informed decisions. In Stage 1 of this project, we heard that, when the court does not have information about a young person’s living situation, relationships with family members and views about safety, this can sometimes result in FVIOs which do not reflect their interests and may even compromise their safety.^[213] We heard that a rights-based approach to FVIOs would grant children and young people the opportunity to be heard, and ‘for their feelings, fears and preferences to inform courts’ decision-making’.^[214]

2.200​These views about the benefits of participation are supported by research from other legal settings, which has highlighted how hearing and considering children and young people’s views may enable courts to make decisions which reflect their needs and promote stability and safety.^[215] Such an approach may also give effect to children and young people’s rights under the Convention, both to be heard and to have their best interests treated as the primary consideration in issues which affect them.^[216]

2.201​In South Australia, recent research into young victim survivors’ experiences which was carried out for the Royal Commission into Domestic, Family and Sexual Violence explored the negative impacts of the lack of services and visibility in systems on children and young people.^[217] Research in Victoria similarly indicates that unaccompanied young people often face eligibility barriers when seeking help, and information about available supports is not consistently age-appropriate or accessible.^[218] Melbourne City Mission’s Amplify report suggested that young victim survivors are routinely treated as extensions of a parent or carer rather than as victim survivors in their own right. The absence of specialist family violence supports may result in children and young people facing compounding issues, including homelessness.^[219]

2.202​Safe Steps’ Seeking Help in Their Own Right report drew on interviews with young victim survivors and service providers and suggested that the Victorian family violence crisis response system remains designed for adults.^[220] The I Believe You project, which examined experiences of young victim survivors, indicated that many felt disbelieved or not able to have a voice in circumstances where decisions were made about their own protection.^[221]

2.203​The Australian Human Rights Commission 2026 report ‘We’re talking about stopping violence before it begins’: Supporting Quality Engagement with Children showed that listening to children may play a vital role in violence prevention. The report recommended that Australia’s commitment to the Convention should guide all policy design and implementation. The report highlighted some children’s views that the justice system’s treatment of victims and children may not be fit for purpose. They felt ‘unheard and underestimated’ and that accessing justice or being heard about family violence was overly complicated and sometimes unsafe.^[222]

2.204​Work is underway to address some of the gaps indicated by these reports and advocacy. Under the Government’s three-year action plan to address family violence, Until every Victorian is safe, the Victorian Government has committed to reforms to address the specific needs of children and young people. This includes the development of practice guidance which focuses on children and young people, and improving the availability of counselling and therapy for young victim survivors.^[223]

2.205​What is consistent across these reports and the information the Commission received in Stage 1 is the position of children and young people themselves. They want to be:

•​recognised as victim survivors in their own right

•​informed about decisions that affect them

•​able to access services designed for them

•​able to have a meaningful say in how their safety is maintained.

2.206​This paper has outlined how children and young people currently participate in FVIO proceedings, how that approach compares with other legal settings in Victoria and in other jurisdictions, and the rights framework set out in the Convention on the Rights of the Child.

2.207​The question for the community raised in this paper is whether limiting children’s participation in FVIO court processes is protecting children and young people from further harm, or excluding them from decisions which might promote greater safety. We ask whether changes can be made which enable children and young people to participate and be protected in the way that they wish.

14. ​Victorian Law Reform Commission, Review of Family Violence Laws Report (Report, 2006) <https://www.lawreform.vic.gov.au/wp-content/uploads/2021/07/Review-of-Family-Violence-Laws-Report.pdf>.

    ↑

15. ​In 2023, the Government announced it had ‘implemented all 227 recommendations of the Royal Commission’: Jacinta Allan, Premier of Victoria, Landmark Royal Commission Recommendations Implemented (Media Release, 28 January 2023) <https://www.premier.vic.gov.au/landmark-royal-commission-recommendations-implemented>; The Family Violence Recommendations (Web Page) <https://www.vic.gov.au/family-violence-recommendations>.

    ↑

16. ​‘Family Violence Victim Survivors Better Supported by Changes’, Victoria Legal Aid (Web Page, 5 March 2026) <https://www.legalaid.vic.gov.au/family-violence-victim-survivors-better-supported-changes>; Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026 (Vic).

    ↑

17. ​Emma Morgan, Enduring and Evolving: Five Years on from the Victorian Royal Commission into Family Violence (Report, Domestic Violence Victoria and Domestic Violence Resource Centre Victoria, April 2021) <https://safeandequal.org.au/wp-content/uploads/FVFunders-Network-Report_RCFV-5-years-in-review.pdf>.

    ↑

18. ​South Australia explicitly acknowledged benefitting from the Victorian Royal Commission into Family Violence. See Royal Commission into Domestic, Family and Sexual Violence, ‘Royal Commission into Domestic, Family and Sexual Violence Report Released’ (Media Release, 19 August 2025) <https://royalcommissiondfsv.sa.gov.au/news/royal-commission-into-domestic,-family-and-sexual-violence-report-released>.

    ↑

19. ​Safe and Equal, Understanding Support for Children and Young People within Specialist Family Violence Services in Victoria: A Sector Snapshot (Report, February 2026) 12 <https://safeandequal.org.au/wp-content/uploads/Understanding-support-for-CYP-within-SFVS-services-in-Victoria-2026-FINAL.pdf> The report highlights cultural, legal and systemic barriers to recognition of young victim survivors. See also Tanya Corrie and Shona Moore, Amplify: Turning up the Volume on Young People and Family Violence (Research Report, Melbourne City Mission, 2021) <https://www.mcm.org.au/advocacy/our-priorities/family-violence>.

    ↑

20. ​See, for example, the development of MARAM practice guidance for engaging with children and young people, informed by direct input from children and young people about their experiences. Child-focused MARAM practice guidance is to be rolled out for the sector over 2026. Family Safety Victoria, ‘MARAM Victim Survivor Practice Guides’, VIC.GOV.AU (Web Page, 11 September 2023) <https://www.vic.gov.au/maram-victim-survivor-practice-guides>.

    ↑

21. ​See, for example, the MARAM Child and young person practice and Family Violence Information Sharing guidelines, which have been developed in consultation with the sector and will be implemented across MARAM agencies in 2026: Department of Families, Fairness and Housing (Vic), Annual Report on the Implementation of the Family Violence Multi-Agency Risk Assessment and Management Framework 2024-25 (Report, 20 March 2026) 12, 24 <https://www.vic.gov.au/annual-report-implementation-family-violence-risk-assessment-and-management-framework-2024-25>.

    ↑

22. ​Recent reforms in Victoria include the Victorian Government’s ongoing commitment to ending family violence, Department of Families, Fairness and Housing (Vic), Until Every Victorian Is Safe: Third Rolling Action Plan to End Family and Sexual Violence 2025 to 2027 (Report, September 2025). The action plan includes a focus on person, family, community and system actions to prevent and respond to family violence. Under the 3-year plan, the government has committed to reforms to address the specific needs of children and young people, including developing specialised MARAM (risk assessment) guidance for assessing risk to children and young people, and improving available counselling and therapy for young people who are victims of family and sexual violence. Other actions include supporting children and young people who use family violence and addressing peer-to-peer sexual harm in schools.

    ↑

23. ​Family Violence Protection Act 2008 (Vic) s 5.

    ↑

24. ​Ibid. The Act includes examples of these behaviours. See the Stage 1 report at 2.9 for further discussion of how family violence is defined. Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 11 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>. See also ‘Family Violence Intervention Orders (FVIO)’, Magistrates Court of Victoria (Web Page, 13 April 2026) <https://www.mcv.vic.gov.au/family-matters/family-violence-intervention-orders-fvio> Recent reforms to the FVPA have expanded the definition of family violence further, to include systems abuse, stalking and mistreatment of animals.

    ↑

25. ​Family Violence Protection Act 2008 (Vic) ss 6, 7. Victoria, Parliamentary Debates, Legislative Assembly, 26 June 2008, 2645 (Rob Hulls, Attorney-General).

    ↑

26. ​Australia Bureau of Statistics, Personal Safety, Australia, 2021-22 (Report, 15 March 2023) <https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/latest-release>; Australian Bureau of Statistics, Childhood Abuse, 2021-22 (Report, 22 November 2023) <https://www.abs.gov.au/statistics/people/crime-and-justice/childhood-abuse/latest-release>.

    ↑

27. ​Daryl J Higgins et al, ‘The Prevalence and Nature of Multi-Type Child Maltreatment in Australia’ (2023) 218(S6) The Medical Journal of Australia S19.

    ↑

28. ​Family Safety Victoria, MARAM Practice Guides: Foundation Knowledge Guide – Guidance for Professionals Working with Child or Adult Victim Survivors, and Adults Using Family Violence (Report, 2021) 58.

    ↑

29. ​‘Children and Young People’, Australian Institute of Health and Welfare (Web Page, 13 April 2026) <https://www.aihw.gov.au/family-domestic-and-sexual-violence/population-groups/children-and-young-people> Indirect forms of exposure to violence are recognised forms of family violence in themselves and have an impact on people connected to the victim survivor as well as the victim survivor directly.

    ↑

30. ​Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 12-13 [2.16-2.17] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

    ↑

31. ​Monica Campo, Children’s Exposure to Domestic and Family Violence: Key Issues and Responses (CFCA Paper No 36, Australian Institute of Family Studies, 2015). Exposure to violence during childhood also resulted in victim survivors having significantly higher rates of physical health conditions, such as heart disease, stroke, cancer and chronic lung disease, in adulthood. See Vincent J Felitti et al, ‘Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults: The Adverse Childhood Experiences (ACE) Study’ (1998) 14(4) American Journal of Preventive Medicine 245.

    ↑

32. ​Rebecca Stewart, Kate Fitz-Gibbon and Steven Roberts, ‘Examining the Impact of Domestic and Family Violence on Young Australians’ School-Level Education’ 61(1) Australian Journal of Social Issues 73.

    ↑

33. ​Victoria Legal Aid identified that 53% of young people named as a respondent in a FVIO had previously been included on a FVIO as an applicant or protected person: Victoria Legal Aid, Feeling Supported, Not Stuck: Rethinking Intervention Orders for Children and Young People (Report, 2025) 4, 12 <https://www.legalaid.vic.gov.au/rethinking-intervention-orders-against-children-and-teenagers>. See also Kate Fitz-Gibbon et al, Adolescent Family Violence in Australia: A National Study of Prevalence, History of Childhood Victimisation and Impacts (Report, Australia’s National Research Organisation for Women’s Safety (ANROWS), September 2022). The Australian Maltreatment Study has also found a link between childhood maltreatment later involvement in the criminal justice system as adults: Ben Mathews et al, Child Maltreatment and Criminal Justice System Involvement in Australia: Findings from a National Survey (Trends & Issues in Crime and Criminal Justice No 681, Australian Institute of Criminology, 2023) <https://www.acms.au/resources/child-maltreatment-and-criminal-justice-system-involvement-in-australia-findings%2F>.

    ↑

34. ​Anagha Joshi and Mandy Truong, The Role of Adverse Childhood Experiences (ACEs) in Adolescent Use of Violence (Policy and Practice Paper, Australian Institute of Family Studies, December 2024) <https://aifs.gov.au/resources/policy-and-practice-papers/role-adverse-childhood-experiences-aces-adolescent-use>.

    ↑

35. ​A 2023 review of the international and Australian evidence concluded that experiences of domestic and family violence in childhood and adolescence are a significant but under-recognised contributor to suicide and self-harm among young people, and that responses have too often considered children only through the lens of an adult victim survivor’s experience: Silke Meyer et al, Missing Figures: The Hidden Role of Domestic and Family Violence in Youth Suicide – Current State of Knowledge Report (Report, Griffith University, 2023) <https://research-repository.griffith.edu.au/items/cb3d3321-519f-4449-bdb1-75440427adf5>.

    ↑

36. ​First Peoples’ organisations have identified that this remains a significant issue in Aboriginal communities and can be inferred from the high number of Aboriginal women in Victoria with non-Aboriginal Partners: Dhelk Dja Koori Caucus, Our Ways – Strong Ways – Our Voices (Submission to the National Aboriginal and Torres Strait Islander Family Safety Plan, October 2024) <https://www.snaicc.org.au/wp-content/uploads/2026/02/Dhelk-Dja-Koori-Caucus-Our-Ways-%E2%80%93-Strong-Ways-%E2%80%93-Our-Voices-Submission.pdf>. First Peoples’ family violence legal service Djirra estimates that 2 in 3 Aboriginal women experience violence from non-Aboriginal men: ‘Victorian Government Says More Must Be Done to Support Victim-Survivors’, Djirra – Sharing Stories Finding Solutions (Web Page) <https://djirra.org.au/djirra-welcomes-the-victorian-governments-statement-that-more-must-be-done-to-support-victim-survivors/>.

    ↑

37. ​Yoorrook For Justice Commission, Yoorrook For Justice: Report into Victoria’s Child Protection and Criminal Justice Systems (Report, August 2023) 18–28 <https://www.yoorrook.org.au/reports-and-recommendations/reports/yoorrook-for-justice-report>.

    ↑

38. ​Sally Robinson et al, Connecting the Dots: Understanding the DFV Experiences of Children and Young People with Disability within and across Sectors (Final Report, Australia’s National Research Organisation for Women’s Safety (ANROWS), September 2022) <https://www.anrows.org.au/project/connecting-the-dots-understanding-the-dfv-experiences-of-children-and-young-people-with-disability-within-and-across-sectors/> ANROWS analysis determined that 30% of children who had experienced family violence were children with disability, and that children with disability were far more likely to have contact with the child protection system and to enter out-of-home care.

    ↑

39. ​Research has consistently found that LGBTIQA+ young people are at significantly higher risk than older LGBTIQA+ adults. In addition to being at higher risk, LGBTIQA+ young people may not seek help due to concerns about misidentification or fears of discrimination: Madeleine Gibson et al, There’s No Safe Place at Home: Domestic and Family Violence Affecting LGBTIQ+ People (Report, Equality Australia and the Centre for Family Research and Evaluation, 2020) <https://equalityaustralia.org.au/resources/theres-no-safe-place-at-home-report/>.

    ↑

40. ​‘People from Culturally and Linguistically Diverse Backgrounds’, Australian Institute of Health and Welfare (Web Page, 15 February 2024) <https://www.aihw.gov.au/family-domestic-and-sexual-violence/population-groups/cald>.

    ↑

41. ​Crime Statistics Agency (Vic), Family Incidents (Web Page, June 2026) ‘T1. Family Incidents: Family incidents recorded and rate per 100,000 population by child present flag’ <https://www.crimestatistics.vic.gov.au/crime-statistics/latest-victorian-crime-data/family-incidents-2> (accessed 23 June 2026).

    ↑

42. ​This refers to incidents which were reported and resulted in a police response. The real number of incidents is likely to be much higher.

    ↑

43. ​Family Violence Protection Act 2008 (Vic) Preamble and s 1.

    ↑

44. ​Ibid ss 45(1)(a)-45(1)(e).

    ↑

45. ​Ibid s 45(1)(b). When police attend a family violence incident and issue a family violence safety notice to provide immediate protection from a perpetrator, the notice also acts as an application for a FVIO.

    ↑

46. ​While this figure is based on Crimes Statistics Agency data, at Stage 1 of the project, Victoria Police indicated it is the applicant in 80% of applications. See Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 23 [3.15] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/> for further discussion.

    ↑

47. ​A civil matter is a legal dispute between parties rather than a criminal prosecution brought by the state against a person. The civil standard of proof is ‘on balance of probabilities’ i.e. more likely than not. Civil orders do not result in a criminal record. ‘Legal Words’, Victoria Legal Aid (Web Page, 22 January 2026) <https://www.legalaid.vic.gov.au/legal-words> ‘balance of probabilities’.

    ↑

48. ​Family Violence Protection Act 2008 (Vic) s 65.

    ↑

49. ​See Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 29 [3.48] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>

    ↑

50. ​Family Violence Protection Act 2008 (Vic) ss 80, 81. See also ‘Applying for an Intervention Order (FVIO)’, Magistrates Court of Victoria (Web Page, 14 April 2026) <https://www.mcv.vic.gov.au/intervention-orders/family-violence-intervention-orders/applying-intervention-order-fvio>.

    ↑

51. ​Family Violence Protection Act 2008 (Vic) ss 37, 38.

    ↑

52. ​Ibid ss 60, 114(1).

    ↑

53. ​Ibid ss 80, 81.

    ↑

54. ​Ibid ss 4, 146(1).

    ↑

55. ​In the 2024-25 financial year, 96% of applications were heard in the Magistrates’ Court: Crime Statistics Agency (Vic), Family Violence Data Dashboard (Web Page, 4 December 2025) ‘Linked Justice System Data: Demographics of Parties on FVIOs, 2024-25’ <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-dashboard> (accessed 21 July 2026).

    ↑

56. ​‘The Family Violence Recommendations’, VIC.GOV.AU (Web Page) Recommendation 60 <https://www.vic.gov.au/family-violence-recommendations>; ‘Specialist Family Violence Courts’, Magistrates Court of Victoria (Web Page, 7 April 2025) <https://www.mcv.vic.gov.au/about/specialist-family-violence-courts>. 28,782 of 37, 471 matters finalised in the financial year 2024-25: Crime Statistics Agency (Vic), Family Violence Data Tables (Web Page, 4 December 2025) Justice System Data Tables 2025, Table 14: Number of FVIO applications by outcome and court, 1 July 2020 to 30 June 2025 <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-data-tables> (accessed 20 July 2026).

    ↑

57. ​Specialist Family Violence Courts’, Magistrates Court of Victoria (Web Page, 7 April 2025) <https://www.mcv.vic.gov.au/about/specialist-family-violence-courts>.

    ↑

58. ​Applicant support workers are available at Specialist Family Violence Courts and some Magistrates’ Courts, as well as at the Victorian Civil and Administrative Tribunal: ‘Family Violence Support’, VCAT: Victorian Civil and Administrative Tribunal (Web Page) <https://www.vcat.vic.gov.au/help-and-support/support-services-vcat/family-violence-support>. In Stage 1 of this project, we heard that regional courts may have few support workers: Consultation 4, Stage 1 (Victorian Community Legal Centres’ Rural Regional Remote Network Roundtable).

    ↑

59. ​Crime Statistics Agency (Vic), Media Release: Number of Family Violence Intervention Order Matters Heard in Specialist Family Violence Courts 2.7 Times Higher than Last Year (Media Release) <https://www.crimestatistics.vic.gov.au/media-centre/media-releases/media-release-number-of-family-violence-intervention-order-matters> (accessed 22 July 2026). 22,916 original FVIO applications were heard in the specialist division in 2022–23, up from 8,438 in 2021–22.

    ↑

60. ​Children, Youth and Families Act 2005 (Vic) ss 146, 147. While both courts have jurisdictions, matters involving a respondent under 18 will be heard in the Children’s Court of Victoria. The Children’s Court of Victoria also hears Youth Justice matters in its Criminal Division.

    ↑

61. ​Family Violence Protection Act 2008 (Vic) s 5(1)(b). See also, ‘Applying for an Intervention Order (FVIO)’, Magistrates Court of Victoria (Web Page, 14 April 2026) <https://www.mcv.vic.gov.au/intervention-orders/family-violence-intervention-orders/applying-intervention-order-fvio>; Family Safety Victoria, MARAM Practice Guides: Foundation Knowledge Guide – Guidance for Professionals Working with Child or Adult Victim Survivors, and Adults Using Family Violence (Report, 2021) 58; ‘Family Violence Intervention Orders (FVIO)’, Magistrates Court of Victoria (Web Page, 13 April 2026) <https://www.mcv.vic.gov.au/family-matters/family-violence-intervention-orders-fvio>.

    ↑

62. ​See Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 25 [3.24] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/> for a discussion of the circumstances in which a court may make an order of its own motion. The court may include a child or young person on an adult affected family member’s order or make a separate order for the child or young person if what is needed for their protection is different.

    ↑

63. ​Family Violence Protection Act 2008 (Vic) s 45(1)(d).

    ↑

64. ​Ibid ss 45(1)(d), 46.

    ↑

65. ​Ibid s 47.

    ↑

66. ​Ibid s 45(1)(b).

    ↑

67. ​Ibid ss 45(1)(c), 46.

    ↑

68. ​Family Violence Protection Act 2008 (Vic). This includes where the court is making an order to protect an adult affected family member, or even where it is not making such an order: see ss 77, 77A, 77B. Equivalent provisions allow the court to make an interim order on its own initiative to protect a child: see ss 53AA, 53AB, 60F(2).

    ↑

69. ​Ibid ss 77, 77A; Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 25 [3.24] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>

    ↑

70. ​Family Violence Protection Act 2008 (Vic) s 76; Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

    ↑

71. ​In our Stage 1 report, Victoria Legal Aid observed that the law was intended to recognise that young people may want an order with different conditions, but the power is ‘underutilised’. See Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 25 [3.28] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>

    ↑

72. ​Family Violence Protection Act 2008 (Vic) s 80.

    ↑

73. ​Ibid s 81.

    ↑

74. ​Family Law Act 1975 (Cth) ss 68R, 68Q. Section 176 provides that a court may make a declaration under s 68Q of the Family Law Act that a FVIO is inconsistent with Family Law orders and that a Family Law order will prevail. However, the court which is making a FVIO under the Family Violence Protection Act 2008 (Vic) may revive, vary, discharge or suspend an order made under the FLA. The measures in each act are intended to make sure it is clear when conditions about contact apply.

    ↑

75. ​Family Violence Protection Act 2008 (Vic) s 176.

    ↑

76. ​Ibid s 173 to the extent of any inconsistency. The Secretary of the Department must be notified of the FVIO where it is made while a child protection order is in force: at s 174.

    ↑

77. ​See Age of Majority Act 1977 (Vic) s 3(1)(a) which states a person attains full legal capacity when they turn 18. Some laws in Victoria define ‘child’ differently. For example, the Children, Youth and Families Act 2005 (Vic) s 3(1) notes that, but for certain exceptions under legislation, a child is ‘a person under the age of 17 years’. Similarly, the Youth Justice Act 2024 (Vic) s 4(2) defines a child as a person who is under the age of 18 at the commission of an offence or alleged offence, but under the age of 19 at the time of commencement of proceedings.

    ↑

78. ​Victoria Legal Aid, Am I Old Enough? Common Legal Issues for Young People (Booklet, 1 May 2025) <https://www.legalaid.vic.gov.au/am-i-old-enough-common-legal-issues-young-people>.

    ↑

79. ​Court Services Victoria, Litigation Guardians: A General Guideline to Assist People Asked to Be Litigation Guardians (Report, March 2026) 5 [8] <https://courts.vic.gov.au/publications/litigation-guardians-general-guideline> A minor is considered a “person under disability” who is not able to defend or commence proceedings without a litigation guardian: at 2 [2.1}.

    ↑

80. ​Victoria Legal Aid, Am I Old Enough? Common Legal Issues for Young People (Booklet, 1 May 2025) <https://www.legalaid.vic.gov.au/am-i-old-enough-common-legal-issues-young-people>; Youth Justice Act 2024 (Vic) s 10. However, children aged 12-14 are presumed not to have criminal capacity i.e. the prosecution must challenge doli incapax.

    ↑

81. ​In 2025, the Victorian Government passed the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026 (Vic) which includes changes to how young people are sentenced for certain violent offences. Human rights and youth-focused organisations have raised concerns that the reforms move away from the principle that detention should be a measure of last resort for children, and have questioned whether the reforms are consistent with the Charter of Human Rights and Responsibilities Act 2006 (Vic) and Australia’s international obligations under the Convention on the Rights of the Child, GA Res 44/25 (2 September 1990, Adopted 20 November 1989) <https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child>.

    ↑

82. ​Convention on the Rights of the Child, GA Res 44/25 (2 September 1990, Adopted 20 November 1989) <https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child>.

    ↑

83. ​Committee on the Rights of the Child, General Comment No. 12 (2009): The Right of the Child to Be Heard, 51st Session, UN Doc CRC/C/GC/12, (1 July 2009) [74] <https://digitallibrary.un.org/record/671444>.

    ↑

84. ​Committee on the Rights of the Child, General Comment No. 12 (2009): The Right of the Child to Be Heard, 51st Session, UN Doc CRC/C/GC/12, (1 July 2009) [30] <https://digitallibrary.un.org/record/671444>.

    ↑

85. ​Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 affirmed the position that the Convention is only applicable where expressly incorporated into domestic legislation. However, the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) s 8(3) expressly requires all new Bills to include a statement of compatibility assessing compliance with the Convention on the Rights of the Child, GA Res 44/25 (2 September 1990, Adopted 20 November 1989) <https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child> The Schedule to the Family Law Act 1975 (Cth) and the recent Family Law Amendment Act 2023 (Cth) expressly mention the Convention and include it as an object (particularly participation rights). Victorian law, however, has not fully incorporated the CRC. It has incorporated Article 3 on best interests, which forms part of the Charter of Human Rights and Responsibilities Act 2006 (Vic); Child Wellbeing and Safety Act 2005 (Vic); Children, Youth and Families Act 2005 (Vic); Education and Training Reform Act 2006 (Vic).

    ↑

86. ​Charter of Human Rights and Responsibilities Act 2006 (Vic) s 32(2) provides that international law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right ‘may be considered in interpreting a statutory provision’ but that these sources of law do not have the direct domestic legal force they would have if they were incorporated into legislation.

    ↑

87. ​Ibid s 17 is partly modelled on Articles 23 and 24 of the International Covenant on Civil and Political Rights, GA Res 2200A (XXI) (23 March 1976, Adopted 16 December 1966) <https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights> rather than the Convention on the Rights of the Child, GA Res 44/25 (2 September 1990, Adopted 20 November 1989) <https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child>.

    ↑

88. ​In contrast, other jurisdictions have considered the Convention on the Rights of the Child, GA Res 44/25 (2 September 1990, Adopted 20 November 1989) <https://www.unicef.org.au/united-nations-convention-on-the-rights-of-the-child> in the development of legislation. See Crimes (Domestic and Personal Violence) Act 2007 (NSW); Domestic and Family Violence Act 2007 (NT). See also, Australian Law Reform Commission and NSW Law Reform Commission, Family Violence – A National Legal Response: Volume 1 (ALRC Final Report No 114; NSWLRC Report 128, October 2010) [4.18] <https://www.alrc.gov.au/wp-content/uploads/2019/08/ALRC114_WholeReport.pdf>.

    ↑

89. ​Charter of Human Rights and Responsibilities Act 2006 (Vic) s 32(2).

    ↑

90. ​Consultation 4, Stage 1 (Victorian Community Legal Centres’ Rural Regional Remote Network Roundtable). See also A & B v Children’s Court of Victoria [2012] VSC 589 in which the Supreme Court considered Article 12 of the CRC when assessing whether the Children’s Court erred in failing to permit children aged 9 and 11 to be appointed representation in a child protection matter.

    ↑

91. ​Explanatory Memorandum, Family Violence Protection Bill 2008 (Vic).

    ↑

92. ​Victoria, Parliamentary Debates, Legislative Assembly, 26 June 2008, 2637 (Rob Hulls, Attorney-General). This was seen as consistent with children’s best interests under the Charter of Human Rights and Responsibilities Act 2006 (Vic) s 17.

    ↑

93. ​Victoria, Parliamentary Debates, Legislative Assembly, 26 June 2008, 2637 (Rob Hulls, Attorney-General).

    ↑

94. ​See Isaac’s story, Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 9–10 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

    ↑

95. ​Family Violence Protection Act 2008 (Vic) ss 45(1)(c), 46.

    ↑

96. ​Ibid ss 46(2), 46(3).

    ↑

97. ​Judicial College of Victoria, Family Violence Bench Book (Online Manual) (at 30 Nov 2020) ‘2.1.4.1. Who is eligible to make an application?’ <https://resources.judicialcollege.vic.edu.au/article/1053062> Benchbook guidance suggests that the court should discuss these matters informally with the parties and notes the need for sensitivity to both children and any parent present given ‘court processes can be very confronting and traumatic for children’.

    ↑

98. ​Ibid.

    ↑

99. ​Family Violence Protection Act 2008 (Vic) s 46.

    ↑

100. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025). These figures combine data on children who were primary applicants and affected family members on an application, and those who were the primary applicant and sought leave of the court to apply for a FVIO. In providing data to the VLRC, the Crime Statistics Agency noted that how child applicants are categorised in this data may vary.

     ↑

101. ​Consultation 3, Stage 1 (Youthlaw).

     ↑

102. ​In the financial year 2024–25, in almost two-thirds (61.5%) of family violence incidents involving young victim survivors, the perpetrator was a child’s parent: Crime Statistics Agency (Vic), Family Violence Dashboard (Web Page, 3 December 2025) Linked Justice System Data: Victim Survivors of Family Violence <https://www.crimestatistics.vic.gov.au/family-violence-data/family-violence-dashboard>.

     ↑

103. ​Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 75 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

104. ​Crime Statistics Agency (Vic), FVIO Applications in Victorian Courts Involving Young Applicants, July 2020 – June 2024 (Unpublished Data Provided to the Victorian Law Reform Commission, July 2025), cited in Stage 1 Report at 22–23, n 26. People under 18 are generally expected to apply for a FVIO in the Children’s Court.

     ↑

105. ​Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 67 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

106. ​See definition of a ‘party’ in Family Violence Protection Act 2008 (Vic) s 4.

     ↑

107. ​Ibid s 62(1).

     ↑

108. ​Ibid s 62(1)(b).

     ↑

109. ​Explanatory Memorandum, Family Violence Protection Bill 2008 (Vic) cl 21.

     ↑

110. ​Submission 8, Stage 1 (Victoria Legal Aid). Consultation 3, Stage 1 (Youthlaw).

     ↑

111. ​Victoria, Parliamentary Debates, Legislative Assembly, 26 June 2008, 2644 (Rob Hulls, Attorney-General).

     ↑

112. ​Family Violence Protection Act 2008 (Vic) s 67.

     ↑

113. ​Ibid s 69(3).

     ↑

114. ​The Royal Commission into Family Violence found that orders were made by consent in 70% of cases: Royal Commission into Family Violence: Report and Recommendations Volume III (Parl Paper No 132 (2014–16), March 2016) 179, Recommendation 77 <http://rcfv.archive.royalcommission.vic.gov.au/MediaLibraries/RCFamilyViolence/Reports/Final/RCFV-Vol-III.pdf>. More recent research conducted by the Centre for Innovative Justice in 2021 included estimates from magistrates that consent orders were made in closer to 90% of cases: Elena Campbell et al, More than Just a Piece of Paper: Getting Protection Orders Made in a Safe and Supported Way: Responding to Recommendation 77 of the Royal Commission into Family Violence (Research Report, Centre for Innovative Justice, RMIT, February 2021) <https://cij.org.au/research-projects/consent-orders-research/>.

     ↑

115. ​See, for example, Irina’s story in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 58–9 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

116. ​Ibid.

     ↑

117. ​Family Violence Protection Act 2008 (Vic) s 150.

     ↑

118. ​Explanatory Memorandum, Family Violence Protection Bill 2008 (Vic), cl 67. The Explanatory Memorandum to the Family Violence Protection Bill 2008 explains that clause 150 was modelled on alternative arrangements ‘originally enacted for use in the Family Violence Court Division’: at cl 69.

     ↑

119. ​See, ‘Applying for an Intervention Order (FVIO)’, Magistrates Court of Victoria (Web Page, 14 April 2026) <https://www.mcv.vic.gov.au/intervention-orders/family-violence-intervention-orders/applying-intervention-order-fvio>; ‘Going to Court for a Family Violence Intervention Order – Affected Family Members’, Victoria Legal Aid (Web Page, 19 February 2026) <https://www.legalaid.vic.gov.au/going-court-family-violence-intervention-order-affected>.

     ↑

120. ​At Stage 1 we heard that magistrates sitting in FVIO lists may hear 30-50 different matters in one day: Consultation 15, Stage 1 (Roundtable with Community Legal Centres – Eastern Community Legal Centre, Peninsula Community Legal Centre, Westjustice).

     ↑

121. ​While there are 13 SFVC across Victoria, some, such as the Broadmeadows and Geelong courts, are still under development to add these features: Magistrates’ Court of Victoria, Annual Report 2024-2025 (Report, 14 November 2025) 15 <https://www.mcv.vic.gov.au/news-and-resources/publications/annual-report-2024-2025>.

     ↑

122. ​While the Family Violence Protection Act 2008 (Vic) s 166 restricts publication of FVIO proceedings outside the courtroom and s 68 permits the court to close proceedings to the public while a witness is giving evidence, there is no general rule that a FVIO list is held in closed court. By default, FVIO matters in the Magistrates’ Court are heard in open court.

     ↑

123. ​At Stage 1, some organisations observed that adult affected family members may keep information about harm from a young person, such as sexual offending by a perpetrator, in order to protect them from distress: Consultation 15, Stage 1 (Roundtable with Community Legal Centres – Eastern Community Legal Centre, Peninsula Community Legal Centre, Westjustice).

     ↑

124. ​See Isaac’s story in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 9–10 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

125. ​Consultation 11, Stage 1 (Melbourne City Mission with Quantum Support Services Gippsland and the Amplify Family Violence Program); 15, Stage 1 (Roundtable with Community Legal Centres – Eastern Community Legal Centre, Peninsula Community Legal Centre, Westjustice).

     ↑

126. ​Children, Youth and Families Act 2005 (Vic) s 10.

     ↑

127. ​Ibid s 522 applies to ‘any proceeding’. However, Family Violence Protection Act 2008 (Vic) s 172 provides that the court is ’not required to have regard to the principles set out in Part 1.2 of Chapter 1 of the Children, Youth and Families Act 2005 (Vic)’ including the ‘best interest’ principles.

     ↑

128. ​For further discussion, see, Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 29 [3.44] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

129. ​Family Violence Protection Act 2008 (Vic) s 172.

     ↑

130. ​There is, however, an apparent inconsistency between the Children, Youth and Families Act 2005 (Vic) and the Family Violence Protection Act 2008 (Vic) on the question of when a child can be legally represented in FVIO proceedings heard in the Children’s Court. The Children, Youth and Families Act 2005 (Vic) s 524 generally requires that a child aged 10 or older be legally represented in proceedings in the Children’s Court. The Family Violence Protection Act 2008 (Vic) s 62 by contrast, treats representation of a child in FVIO proceedings as exceptional, available only where the court grants leave on its own initiative. Research materials produced for the Children’s Court note that this creates a ‘patent inconsistency’ where a child is neither the applicant nor the respondent to a FVIO proceeding, and take the view that s 62, being the later enactment, prevails: Peter Power, Research Materials (Children’s Court of Victoria, 2026) ‘6.10 Representation of children in intervention order proceedings’.

     ↑

131. ​See Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 43 [4.37] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/> for further discussion of this. See also, Submission 7, Stage 1 (Law Institute Victoria). Similar observations about the Children’s Court’s willingness to hear from children as young as 10 were also made in consultation; Consultation 14, Stage 1 (Women’s Legal Service Victoria).

     ↑

132. ​‘Going to Court for a Family Violence Intervention Order – Affected Family Members’, Victoria Legal Aid (Web Page, 19 February 2026) <https://www.legalaid.vic.gov.au/going-court-family-violence-intervention-order-affected>.

     ↑

133. ​Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 28 [3.40] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

134. ​Ibid 69–70.

     ↑

135. ​See for example, ibid 67-70 [5.82-5.103] and Jess’s story at 71-2. A child or young person named in an order as a protected person is not required to be notified of the order. An order is served on a parent or guardian of a child where an order is made to protect them: Family Violence Protection Act 2008 (Vic) s 201.

     ↑

136. ​See Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 66-67 [5.76-5.81] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/> Some community legal organisations also observed that there is limited in-language or plain language information for people who speak a language other than English, have intellectual disabilities or lower literacy. See, Submission 5, Stage 1 (MELI); 7, Stage 1 (Law Institute Victoria); 8, Stage 1 (Victoria Legal Aid); 9, Stage 1 (Women’s Legal Service Victoria and Safe and Equal); 10, Stage 1 (South-East Monash Legal Service). Consultation 4, Stage 1 (Victorian Community Legal Centres’ Rural Regional Remote Network Roundtable); 15, Stage 1 (Roundtable with Community Legal Centres – Eastern Community Legal Centre, Peninsula Community Legal Centre, Westjustice).

     ↑

137. ​For example, information on the Children’s Court website ‘Family Violence Support’, Children’s Court of Victoria (Web Page) <https://www.childrenscourt.vic.gov.au/family-division/intervention-orders/family-violence-support> is written at 11 Flesch-Kincaid Grade level, a reading age of 14-17 yrs. See, ‘Readability Statistics’, Monash University (Web Page) <https://www.monash.edu/about/editorialstyle/writing/readability-statistics>; ‘Flesch Reading Ease and the Flesch Kincaid Grade Level’, Readable (Web Page) <https://readable.com/readability/flesch-reading-ease-flesch-kincaid-grade-level/>.

     ↑

138. ​See Kid’s Corner and the Children’s Charter at ‘Welcome to Kids’ Corner!’, Kid’s Corner: Federal Circuit and Family Court of Australia (Web Page) <https://www.fcfcoa.gov.au/kids>.

     ↑

139. ​Consultation 2, Stage 1 (Magistrates’ Court of Victoria); 15, Stage 1 (Roundtable with Community Legal Centres – Eastern Community Legal Centre, Peninsula Community Legal Centre, Westjustice).

     ↑

140. ​Where a FVIO suspends parenting orders under the Family Law Act 1975 (Cth) s 68R, as discussed above.

     ↑

141. ​Kate Fitz-Gibbon, Seeking Help in Their Own Right: Young Victim-Survivors’ Experiences of Family Violence Crisis Responses in Victoria (Final Report, Sequre Consulting and Safe Steps Family Violence Response Centre, 2025) <https://safesteps.org.au/wp-content/uploads/2025/09/Seeking-help-in-their-own-right-web-view.pdf>; See also, Tanya Corrie and Shona Moore, Amplify: Turning up the Volume on Young People and Family Violence (Research Report, Melbourne City Mission, 2021) 40 <https://www.mcm.org.au/advocacy/our-priorities/family-violence>.

     ↑

142. ​See also, Victorian government guidance on identifying and responding to child abuse and family violence available to teachers and schools ‘PROTECT: Identify Child Abuse in the Family’, VIC.GOV.AU (Web Page, 10 April 2026) <https://www.vic.gov.au/identify-child-abuse-family>.

     ↑

143. ​See Isaac’s story in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 9–10 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

     ↑

144. ​Children, Youth and Families Act 2005 (Vic) s 522.

     ↑

145. ​Ibid s 10(3)(d).

     ↑

146. ​Ibid s 216A.

     ↑

147. ​In Secretary to the Department of Human Services v Sanding [2011] VSC 42; (2011) 36 VR 221 the Court analysed the distinction between direct instructions representation and best interests representation under the CYFA, the procedural protections owed to children in child protection proceedings, and the relationship between the CYFA participation provisions and the Charter of Human Rights and Responsibilities Act 2006 (Vic). In A & B v Children’s Court of Victoria [2012] VSC 589, the Court considered the right to legal representation and the assessment of whether a child is mature enough to give instructions for the purposes of s 524 of the Children, Youth and Families Act 2005 (Vic).

     ↑

148. ​Unless the court determines the child is not mature enough to give instructions, in which case the lawyer is appointed to act in the child’s best interests: Children, Youth and Families Act 2005 (Vic) ss 524, 525.

     ↑

149. ​Ibid s 356(1).

     ↑

150. ​Ibid ss 524(2), 525(2).

     ↑

151. ​In Victoria, children under 10 are presumed incapable of committing a crime under CYFA ss 10, 11. For children between 10-13, there is a common law principle of ‘doli incapax’ which means it is presumed a child this age does not have capacity to commit a crime. The prosecution can rebut this by proving a child knew their behaviour was morally wrong. See C v Director of Public Prosecutions (1995) 2 All ER 43; RP v The Queen [2016] HCA 53; (2016) 259 CLR 641.

     ↑

152. ​Elena Campbell et al, The PIPA Project: Positive Interventions for Perpetrators of Adolescent Violence in the Home (AVITH) (Research Report, Issue 4, Australia’s National Research Organisation for Women’s Safety (ANROWS), December 2020) 32. <https://www.anrows.org.au/project/the-pipa-project-positive-interventions-for-perpetrators-of-adolescent-violence-in-the-home-avith/>.

     ↑

153. ​Sentencing Advisory Council, Crossover Kids: Vulnerable Children in the Youth Justice System Report 1 (Report, 27 June 2019) 35 <https://www.sentencingcouncil.vic.gov.au/publications/crossover-kids-vulnerable-children-youth-justice-system-report-1>.

     ↑

154. ​From the age of 12, young people can be held to account for committing crimes. From the age of 14, they are tried and punished as adults for violent crimes. At 12 they can be cross-examined in court and subject to a family violence order, but they have no right to apply for a family violence intervention order, of their own accord, to keep themselves safe. At 14, they can receive an adult sentence for a violent crime, but they cannot apply for a family violence intervention order or participate in proceedings without leave of the court.

     ↑

155. ​Family Law Act 1975 (Cth) s 60B(a).

     ↑

156. ​The Family Law Act was reformed by the Family Law Amendment Act 2023 (Cth) to make the family law system safer for people separating, and to change how children participate. The court must also consider the presence of family violence orders or other safety issues. The s 60B test was simplified under the reforms to the Act. The lengthy list of principles at s 60B guiding the Court to ensure children’s best interests are foregrounded in parenting provisions have been repealed and replaced by a streamlined focus on a child’s best interests, safety, and giving effect to the Convention on the Rights of the Child.

     ↑

157. ​Family Law Act 1975 (Cth) s 69C. Reported decisions suggest it is rare for a child to be an applicant but that this has occurred in cases relating to international custody disputes under the Hague Convention: Hague Conference on Private International Law, Convention on the Civil Aspects of International Child Abduction, Convention No. 28 (1 December 1983, adopted 25 October 1980) <https://www.hcch.net/en/instruments/conventions/full-text/?cid=24>; If the court allows a child to make an application, the Family Law Rules require the child to have a litigation guardian. See Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 3.12, 3.13. Unless a child is a party, they may only be present during proceedings, give evidence, or be called as a witness if the court allows it. See Family Law Act 1975 (Cth) s 100B.

     ↑

158. ​Family Law Act 1975 (Cth) s 68L.

     ↑

159. ​Ibid s 68LA(4).

     ↑

160. ​Where this is in the best interests of the child. The role and duties of an ICL are set out in ibid s 68LA.

     ↑

161. ​Re, K [1994] FamCA 21; (1994) 117 FLR 63 is the leading authority for the non-exhaustive list of categories of case in which appointment of an ICL is appropriate.

     ↑

162. ​‘Evatt List’, Federal Circuit and Family Court of Australia (Web Page) <https://www.fcfcoa.gov.au/fl/lighthouse/evatt>; ‘Magellan List’, Federal Circuit and Family Court of Australia (Web Page) <https://www.fcfcoa.gov.au/fl/fv/magellan-list>.

     ↑

163. ​The Family Court’s Lighthouse Project was introduced in 2020 to identify and assess risk of child abuse and family violence in parenting matters, to ensure such matters are handled under specialist lists: ‘Lighthouse Overview’, Federal Circuit and Family Court of Australia (Web Page) <https://www.fcfcoa.gov.au/fl/fv/lighthouse>.

     ↑

164. ​See, Federal Circuit and Family Court of Australia, 2024-25 Federal Circuit and Family Court of Australia Annual Reports – FCFCAO (Division 1) and FCFCOA (Division 2) (Report, 2025) <https://www.fcfcoa.gov.au/fcfcoa-annual-reports/2024-25> which indicates approximately 79% of matters involve an allegation of family violence or child harm.

     ↑

165. ​Before the 2024 reforms, National Legal Aid had identified pressure on the sustainability of the ICL program. National Legal Aid reports that the costs of ICL representation in family law matters have increased substantially (in one jurisdiction, by 35% between 2020–21 and 2023–24), that approximately 7,000 ICL representation grants were made by Legal Aid Commissions in 2023–24, and that the program is facing sustainability challenges arising from increased demand and the cost of complex matters: National Legal Aid, 2025-26 Pre-Budget Submission, Submission to the Treasury (Report, December 2024) 8 <https://nationallegalaid.org.au/policy-and-advocacy/submissions/2025-26-pre-budget-submission> In Victoria, NLAP noted that the availability of family practitioners able to provide ICL representation has declined in recent years.

     ↑

166. ​Changes under the Family Law Act 1975 (Cth) s 68LA(5A), commencing 6 May 2024, introduced new obligations on ICLs to meet with the children they represent. Under the previous law, ICLs had a discretion to meet with the child but no general obligation to do so.

     ↑

167. ​For example, where a child does not want to meet the ICL or there is a risk of psychological harm.

     ↑

168. ​‘Giving Young People a Voice in Family Law via Our Kids Talk Program’, Victoria Legal Aid (Web Page, 5 March 2026) <https://www.legalaid.vic.gov.au/giving-young-people-voice-family-law-our-kids-talk-program>.

     ↑

169. ​Crimes (Domestic and Personal Violence) Act 2007 (NSW) ss 48(3), 48(6).

     ↑

170. ​Family Violence Act 2004 (Tas) ss 4, 7. However, the practical impact of this may vary. In Tasmania, an affected child may apply for an order at any age, but the violence must arise within a family relationship i.e. a ‘marriage or significant relationship.’ This means a child may make an application against a perpetrator who is a parent, but cannot seek protection from other family members, such as siblings, under the Act.

     ↑

171. ​Family Violence Protection Act 2008 (Vic) s 62.

     ↑

172. ​Domestic and Family Violence Protection Act 2012 (Qld) s 149.

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173. ​Family Violence Act 2016 (ACT) ss 78–81.

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174. ​Supreme Court of Victoria, SC GEN 24 – Litigation Guardians (Practice Note, 30 March 2026) <http://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-24-litigation-guardians>.

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175. ​Australian Institute of Judicial Administration, National Domestic and Family Violence Benchbook (Online Manual) (at August 2025), ‘9.2.3 Vulnerable or special witnesses’ <https://dfvbenchbook.aija.org.au/>

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176. ​Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 41.

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177. ​Family Violence Protection Act 2008 (Vic) s 150.

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178. ​Care of Children Act 2004 (NZ) s 6(1AAA); Oranga Tamariki Act 1989 (NZ) s 5. While the Family Violence Act 2018 (NZ) does not explicitly reference a child’s Article 12 right to participation, s 63 of the Act provides that a court must consider a child’s views where these are expressed.

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179. ​Family Violence Act 2018 (NZ) s 62.

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180. ​Ibid s 63.

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181. ​Ibid s 168.

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182. ​The Commonwealth Inquiry into Family Violence Orders noted that this fragmentation of Australia’s court system may be ‘time-consuming, confusing, costly, retraumatising and needlessly difficult for victim-survivors’: House of Representatives, Standing Committee on Social Policy and Legal Affairs, Parliament of Australia, Inquiry into Family Violence Orders Report (Report, February 2025) [3.64] <https://parlinfo.aph.gov.au/parlInfo/download/committees/reportrep/RB000426/toc_pdf/Inquiryintofamilyviolenceorders.pdf>.

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183. ​A court may make an interim parenting order at the same time as it makes a protection order and may appoint a lawyer to represent the child for that purpose: Family Court Act 1980 (NZ) s 9B.

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184. ​Family Violence Act 2018 (NZ) s 166.

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185. ​Domestic Violence Act 2018 (Republic of Ireland) ss 2(1), 11.

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186. ​Having regard to a child’s age and maturity: Ibid s 27.

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187. ​Ministry of Justice (UK) and Home Office (UK), ‘Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs)’, GOV.UK (Web Page, 28 April 2025) <https://www.gov.uk/guidance/domestic-abuse-protection-notices-dapns-and-domestic-abuse-protection-orders-dapos>.

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188. ​Under the Domestic Abuse Act 2021 (UK) s 38(3) orders may be made for different durations. A breach of an order is a criminal offence under section 39. Domestic abuse is defined at section 1.

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189. ​Ibid s 3 states that abuse can be directed towards another person, like a child, and still constitute abuse against the victim.

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190. ​Or, for a prohibited steps order, under the Children Act 1989 (UK) s 8. A prohibited steps order prevents a parent or guardian from taking specific actions regarding a child without the court’s permission.

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191. ​Family Law Act 1996 (UK) s 43.

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192. ​Practice Direction 36Z – Pilot Scheme: Private Law Reform: Investigative Approach (28 April 2024) <https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/new-practice-direction-36z-pilot-scheme-private-law-reform-investigative-approach>.

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193. ​Age of Legal Capacity (Scotland) Act 1991 (Scot) s 1(1)(b).

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194. ​Children (Scotland) Act 1995 (Scot) ss 11(7A)-11(7E).

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195. ​Domestic Abuse (Scotland) Act 2018 (Scot) ss 1, 5.

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196. ​Criminal Procedure (Scotland) Act 1995 (Scot) s 234AZA.

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197. ​Through the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (Scot).

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198. ​Children (Scotland) Act 1995 (Scot) s 6(1C); Criminal Procedure (Scotland) Act 1995 (Scot) and Vulnerable Witnesses (Scotland) Act 2004 (Scot) also includes a number of procedural protections for child witnesses.

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199. ​As noted in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 38 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>, the Canadian jurisdiction of Ontario is currently reviewing the family violence system because of the complex interaction between the Commonwealth and province systems.

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200. ​Protection Against Family Violence Act, RSA 2000, c P-27, ss 2, 4.

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201. ​Protection Against Family Violence Act, RSA 2000, c P-27, s 6.

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202. ​Child, Youth and Family Enhancement Act, RSA 2000, c C-12, s 2.

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203. ​Children Youth and Families Act, SNL 2018, C-12.3 s 56.

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204. ​Family Law Act 2011, SBC 2011, c 25, s 37 and pt 9.

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205. ​Children, Youth and Families Act 2005 (Vic) ss 524, 525; A & B v Children’s Court of Victoria [2012] VSC 589; Secretary to the Department of Human Services v Sanding [2011] VSC 42; (2011) 36 VR 221.

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206. ​McKenzie v McKenzie (McKenzie Friend case) [1971] P 33; [1971] 3 All ER 1043. See also, Apostolou v Commissioner of State Revenue [2008] VSC 332; Li v So [2021] VSCA 32. A McKenzie friend is not a legal representative and has no right of audience.

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207. ​Children, Youth and Families Act 2005 (Vic) ss 524, 525.

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208. ​See Anita and Sally’s story, and Joe’s story in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 41, 73 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/> Joe’s story highlighted that the court processes can be retraumatising, particularly for young people with disabilities or issues with communication.

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209. ​Peter Power, Research Materials (Children’s Court of Victoria, 2026) ‘6.19 Regulations, Rules, Practice Directions & Forms’. See also the discussion above at ‘Greater options for participation in the Children’s Court.’

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210. ​Consultation 3, Stage 1 (Youthlaw); 8, Stage 1 (Victoria Legal Aid). Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 25 [3.28] <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

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211. ​See Isaac’s story; Irina’s story; and Jess’ story in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) 9, 58-59, 71-72 <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/>.

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212. ​Ibid 71–2.

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213. ​Submission 14, Stage 1 (Youthlaw), ‘Josephine’s Story’ in which a FVIO resulted in a young person who had been living with a respondent facing homelessness. See also the discussion in Victorian Law Reform Commission, Examining Aspects of Family Violence Intervention Orders for Children and Young Adults: Stage 1 – Protection for Children Who Turn 18 While on a Family Violence Intervention Order (Final Report No 48, November 2025) <https://www.lawreform.vic.gov.au/publication/examining-aspects-of-family-violence-intervention-orders-for-children-and-young-adults-stage-1-protection-for-children-who-turn-18-while-on-a-family-violence-intervention-order/> at 46 and above at ‘Special measures to protect young victim survivors’.

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214. ​Submission 9, Stage 1 (Women’s Legal Service Victoria and Safe and Equal).

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215. ​Ibid; Rachel Carson et al, Children and Young People in Separated Families: Family Law System Experiences and Needs (Report, Australian Institute of Family Studies, June 2018) <https://aifs.gov.au/all-research/research-reports/children-and-young-people-separated-families-family-law-system>. David Mandel, Ensuring the Voice of the Child Is Heard, and Child’s Best Interests Are Considered in Domestic Abuse Cases (Report, Safe and Together Institute, 2023) <https://static1.squarespace.com/static/67be46266cd50424e680e423/t/680ff2bc38ca944313edaf49/1745875645940/VoiceoftheChild.pdf>.

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216. ​See, also, Committee on the Rights of the Child, General Comment No. 12 (2009): The Right of the Child to Be Heard, 51st Session, UN Doc CRC/C/GC/12, (1 July 2009) <https://digitallibrary.un.org/record/671444> which highlights how hearing from children itself enables best interests to be adequately identified and upheld. Laura Lundy, John Tobin and Aisling Parkes, ‘Article 12. The Right to Respect for the Views of the Child’ in John Tobin (ed), The UN Convention on the Rights of the Child: A Commentary (Oxford University Press, 2019) 397.

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217. ​Kate Fitz-Gibbon, Silence and Inaction Report: Children and Young People’s Experiences of Violence and Systemic Failure in South Australia (Report prepared for the South Australian Royal Commission into Domestic, Family and Sexual Violence, 2025) <https://royalcommissiondfsv.sa.gov.au/publications/silence-and-inaction-paper>.

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218. ​Kate Fitz-Gibbon, Seeking Help in Their Own Right: Young Victim-Survivors’ Experiences of Family Violence Crisis Responses in Victoria (Final Report, Sequre Consulting and Safe Steps Family Violence Response Centre, 2025) <https://safesteps.org.au/wp-content/uploads/2025/09/Seeking-help-in-their-own-right-web-view.pdf>.

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219. ​Tanya Corrie and Shona Moore, Amplify: Turning up the Volume on Young People and Family Violence (Research Report, Melbourne City Mission, 2021) <https://www.mcm.org.au/advocacy/our-priorities/family-violence>.

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220. ​Kate Fitz-Gibbon, Seeking Help in Their Own Right: Young Victim-Survivors’ Experiences of Family Violence Crisis Responses in Victoria (Final Report, Sequre Consulting and Safe Steps Family Violence Response Centre, 2025) <https://safesteps.org.au/wp-content/uploads/2025/09/Seeking-help-in-their-own-right-web-view.pdf>.

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221. ​Kate Fitz-Gibbon, Jasmine McGowan and Rebecca Stewart, I Believe You: Children and Young People’s Experiences of Seeking Help, Securing Help and Navigating the Family Violence System (Report, Monash Gender and Family Violence Prevention Centre, Monash University, 9 February 2023) <https://bridges.monash.edu/articles/report/I_believe_you_Children_and_young_people_s_experiences_of_seeking_help_securing_help_and_navigating_the_family_violence_system/21709562/2>.

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222. ​Sophie Charles et al, ‘We’re Talking about Stopping Violence before It Begins’: Supporting Quality Engagement with Children (Report, Australian Human Rights Commission, 2026) <https://humanrights.gov.au/media/documents-files-PDFs/reports-and-publications/childrensrights/2602-SQE-3-Report_DIG_ACC_01.pdf>.

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223. ​Other actions include addressing peer to peer harm and supporting children and young people using family violence. The practice guidance for MARAM agencies is due for release in 2026.

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