Law Talks Episode: Protecting grandchildren from domestic violence – a guide for concerned grandparents

Robyn: Good morning and welcome to another edition of Law Talks here on 4CRB where we discuss legal issues that matter to our community.

May is Domestic and Family Violence Prevention Month. This annual invitation aims to raise awareness of domestic and family violence and coercive control, highlight the support services available and send a clear message that violence in our communities will not be tolerated.

In light of domestic and family violence prevention month, today we will be focusing on a crucial topic, child safety. Many grandparents worry about their grandchildren’s wellbeing, especially if they suspect domestic or family violence in their children’s homes. But what legal options do they have? How can they step in when needed?

To help us understand the legal landscape, we’re joined by Attwood Marshall Lawyers Family Law Special Counsel, Hayley Condon. Welcome, Hayley.

Hayley: Good morning to you, Robyn, and good morning to your listeners.

Robyn: Hayley, let’s start with the basics. What behaviours are considered domestic and family violence? Because although it seems obvious, there are aspects of domestic and family violence that are often unseen and unheard.

Hayley: That is true, Robyn. Domestic and family violence is not just physical violence. It also includes emotional abuse, psychological abuse, financial abuse, sexual abuse, social abuse and coercive control.

Domestic and family violence is a pattern of behaviour that is aimed at controlling or dominating a person through fear. Robyn, are you familiar with the term coercive control?

Robyn: Yeah, we have touched on it a couple of times in our Law Talks program and I know there are new rules, new legislation surrounding coercive control. So, I’d be interested to hear on what you have to say about that.

Hayley: Well, you’re right, Robyn, because it is a relatively new term in the law, and it is a defining feature of domestic and family violence.

This is when one person uses a pattern of abusive behaviours such as physical and non-physical violence, to control and dominate the other person.

Domestic and family violence can happen to anyone. It can be between spouses, former spouses, family members, or even those in informal care relationships. Children exposed to violence, whether they witness it or experience its effects, are also recognised as victims of domestic violence under the law.

Robyn: Yeah, that’s really interesting to highlight. It’s important. So, if a grandparent is concerned that domestic violence is happening in their child’s home, what should they do?

Hayley: Well Robyn, this really comes down to what is taking place in the household of their grandchild. If the grandparent suspects that the grandchild is in immediate danger, then the police should be contacted along with the Department of Child Safety.

If the situation is not urgent or life threatening but ongoing, then grandparents should document their concerns by keeping notes about any injuries they see to the grandchild, changes in their behaviour or any worrying behaviours for that matter, and any disclosure made to them by their grandchild.

If the child of the grandparent is not the parent perpetrating the domestic violence in the household, then the grandparent may try and speak with them about what is going on and about their responsibility to protect their child from harm to encourage them to leave the domestically violent relationship.

Robyn: And Hayley, what happens if the grandparent believes that their child, the parent of the grandchild, isn’t taking action to protect the grandchildren?

Hayley: This is a heartbreaking situation as parents have a legal duty of care to protect their children and ensure their safety and wellbeing. But if a parent fails in their duty and do not remove their child from a violent environment, well, some options available to the grandparents include making a report to the Department of Child Safety. This will normally result in the department making contact with the family and investigating the complaint.

The department may intervene if the grandchild is deemed at risk, remaining in the home.

They could become a kinship carer. A grandparent can step in and look after a grandchild until such time as either of their parents can once again take on their parental responsibilities.

Or a grandparent could seek a parenting order for their grandchild. If the situation is severe, grandparents can apply for orders for parental responsibility and residency of their grandchild through the Federal Circuit and Family Court of Australia.

In that scenario, it may also be appropriate for the grandparent to apply to the local Magistrates Court for a domestic violence protection order to keep themselves and their grandchild safe from the perpetrator of the violence.

Robyn: Hayley, let’s talk more about kinship care. What does this mean?

Hayley: In short, kinship care means a grandparent or any other relative taking on the primary caregiving role for a child when their parents are unable to do.

This can happen in several different ways, such as by way of an informal arrangement where the grandchild lives with the grandparent by agreement of the parent or the parents without a court order.

It can happen through a parenting order under the Family Law Act, which grants the grandparent parental responsibility and residency of the grandchild, even on an interim basis. Or if the Department of Child, Safety intervenes, they may place the grandchild with the grandparent to provide care while a child protection order is in place to avoid the grandchild being placed in foster care.

Robyn: Yeah, this is such important information, Hayley. What should concerned grandparents do next if they need help?

Hayley: It is recommended that a grandparent who finds themselves in this awful situation seek legal advice from a family lawyer and understand the options available to them.

Robyn, every situation is different and given the sensitive nature of these types of cases, personalised advice from an experienced lawyer who practises in this area is best.

What is the appropriate pathway for one family may not be the right pathway for another.

Grandparents can also contact support services for counselling and advice, such as 1800RESPECT. This is the national domestic family and sexual violence counselling, information and support services.

And there is also child safety services in Queensland. If a grandparent needs to report concerns or obtain support to ensure their grandchildren safety and wellbeing and to prevent their grandchildren from being harmed.

Robyn: Hayley, thank you for breaking this down so clearly.

If you’re a grandparent and worried about a child’s safety, remember you are not powerless. There are legal practitioners in place to help and support services available. And for all our listeners, if anyone is experiencing domestic and family violence, help is available. These are incredibly serious and difficult situations to escape from, but there are services available to help you escape and stay safe so that you can break the cycle of violence.

It’s important to know we can all make a difference and should take an active role to prevent and respond to domestic violence. Thanks for joining us today, Hayley.

Hayley: Thank you, Robyn.

Robyn: You’ve been listening to Law Talks here on 4CRB, which you can hear every Friday morning from 9 o’clock.