How protection orders affect arrangements for the care of children

Can the respondent have contact with the children?

Because of the non-contact conditions in a protection order, the respondent usually can’t have any contact with children who usually or regularly live with the applicant. This means that if the applicant and respondent are co-parents, usually the applicant will have sole day-to-day care of the children (custody), and the respondent can’t have contact with them (access), for as long as the protection order is in force.

But the respondent can have contact with the children if –

• the applicant has agreed to the respondent living with the applicant and the children, or
• contact is allowed under a parenting order or other court order, or under a written parenting agreement between the applicant and respondent.

Parenting orders made under the Care of Children Act

Applicants can apply for a parenting order under the Care of Children Act 2004 at the same time as they apply for a protection order, to set down new arrangements for day-to-day care and contact. The respondent can also apply for a parenting order.

A parenting order can give sole day-to-day care to one parent, or shared day-to-day care to both parents. If it gives sole day-to-day care to one parent, the parenting order will say whether the other parent can have contact with the children and whether or not the contact has to be supervised.

If it’s been proven that one parent has been violent, the Care of Children Act won’t allow that parent to have day-to-day care of the children, nor unsupervised contact with the children, unless the Judge is satisfied the children will be safe.

The Family Court can make interim orders for day-to-day care and contact when it makes a protection order, even if the applicant doesn’t apply for these additional orders.