Intervention Orders Suspending Family Court Orders

October 25, 2022

Intervention Orders are civil orders made by the Magistrates’ Court to protect one or more persons. Intervention Orders prohibit an individual from engaging in certain behaviours which may place another person at risk. For more detailed information on Intervention Orders as a whole, visit our Intervention Order article here.

Intervention Orders and their effect on Family Law Orders

The suspension of parenting orders is becoming more common when the Court puts an Interim Intervention Order in place.

Under section 68R of the Family Law Act, the Magistrates’ Court is given the power to suspend a Family Court parenting order when making a Family Violence Intervention Order.

In most circumstances, a Family Court Order will override the conditions of an Intervention Order, however, if a Magistrate exercises their power under s 68R of the Family Law Act, the Family Court Order will be suspended and will not be in operation. Should an individual continue to spend time with a child who is listed as a protected person on an Intervention Order while the Family Court Order has been suspended, they are at risk of contravening the Intervention Order and may face criminal charges.

As such, it is paramount that you obtain timely legal advice, from leading intervention order lawyers in Melbourne.