Contested Parenting Proceedings Involving Family Violence Allegations and Criminal History Considerations

June 16, 2026

Family law matters involving parenting disputes rarely exist in isolation. In many cases, allegations of family violence, Intervention Order proceedings, and criminal history considerations become central issues in the Court’s assessment of what parenting arrangements are in a child’s best interests.

This matter highlights the importance of developing a coordinated legal strategy early – particularly where allegations raised in Intervention Order proceedings later become relevant evidence in contested parenting proceedings.

The Initial Circumstances

Our client engaged Nardi Lawyers following the breakdown of a long-term relationship involving two young children.

At the time he first sought advice:

• An Intervention Order application had already been issued against him following allegations of family violence
• There were disputes regarding the children spending time with him
• Historical criminal allegations and prior police involvement were expected to be relied upon by the other party in future parenting proceedings
• No final parenting arrangements were in place

Like many clients facing overlapping jurisdictions, our client’s immediate concern was responding to the Intervention Order application. However, it quickly became apparent that the allegations raised in those proceedings would likely become a significant issue in any future Family Court litigation.

Parenting Proceedings Commenced

As communication between the parties deteriorated, the matter progressed into contested parenting proceedings in the Federal Circuit and Family Court of Australia.

The other party sought orders that would substantially restrict the client’s time with the children, relying upon:

• Allegations raised within the Intervention Order proceedings
• Assertions regarding the client’s prior criminal history
• Concerns about the children’s emotional wellbeing and exposure to conflict

Importantly, many of the allegations being relied upon had not resulted in criminal findings or convictions. Nevertheless, in parenting matters, the Court is required to consider allegations of family violence and broader risk factors when determining what arrangements are in a child’s best interests.

This often creates a difficult overlap between jurisdictions, particularly where allegations originating in Intervention Order proceedings later become central to parenting litigation.

Our Approach

Nardi Lawyers acted for the client throughout the contested parenting proceedings and developed a strategy focused on:

• Responding carefully to allegations raised in both jurisdictions
• Analysing the evidentiary value of the Intervention Order material
• Addressing the relevance and context of the client’s prior criminal history
• Gathering evidence regarding the client’s relationship with the children and parenting capacity
• Advancing proposals aimed at restoring and preserving the children’s relationship with the client

A key aspect of the matter involved ensuring the Court received proper context regarding allegations being relied upon against the client, rather than allowing those allegations alone to define the parenting outcome.

The Final Hearing

The matter ultimately proceeded to a contested final hearing.

During the hearing, the Court was required to consider:

• Competing allegations regarding family violence
• The significance of Intervention Order evidence
• The relevance of prior criminal matters
• The children’s best interests and long-term welfare
• The practicality of future parenting arrangements

Following the hearing, final parenting orders were made which allowed the client to continue having a meaningful relationship with his children through structured parenting arrangements.

The Importance of Early Strategy

Matters involving Intervention Orders, criminal allegations, and parenting disputes require careful management from the outset.

Issues raised in one jurisdiction frequently affect another. Allegations made during Intervention Order proceedings may later become evidence in parenting litigation, while criminal history considerations can influence how risk is assessed by the Family Court.

At Nardi Lawyers, we regularly act in complex matters involving the crossover between:

• Family violence proceedings
• Criminal law issues
• Contested parenting disputes

Our focus is on identifying these overlaps early and implementing a coordinated legal strategy aimed at protecting our clients’ long-term parenting outcomes.