Family Court Ruling in Family Violence Parenting Case

Here at Rowan Skinner and Associates Lawyers, we are Melbourne Child Custody Lawyers. We help parents negotiate parenting arrangements and represent them in Family Court and FCFCOA cases involving child custody disputes.

In the recent FCFCOA decision of Hannigan & Hannigan, Justice Schonell issued interim orders concerning two children, aged 10 and 6.

The case demonstrates how the Family Court of Australia responds when serious allegations of family violence arise during a separation.

The Story Behind the Case

The couple married overseas and moved to Australia in 2011. Although they separated in early 2023, they continued to live under the same roof while raising their children.

How the Family Court Handles Serious Allegations of Violence

The mother alleged that the father physically and sexually assaulted her multiple times, including during her pregnancy. She claimed he covertly recorded intimate images and videos of her without consent, and repeatedly abused both her and the children.

In one incident, the father allegedly choked their daughter and dragged her through the house. The mother said this behaviour affected her ability to work and parent safely. She described controlling and coercive behaviour that left her fearful, isolated, and financially dependent. Ultimately, this forced her to resign from her job and live in anxiety and intimidation.

When a Litigant Faces Serious Sexual Offences

The police arrested the father in early 2024 after the mother detailed his violent history. He denied the charges, including assaults, intimidation, and unlawful recordings. He did not respond to the claims directly and exercised his right to silence due to the ongoing criminal case.

The Court’s Decision in Hannigan v Hannigan

The Federal Circuit and Family Court acted urgently to protect the children and manage the property division before trial.

Parenting Orders

The Court granted the children to live with the mother and gave her sole parental responsibility. She gained full authority over decisions about their health, education, and travel, and retained their passports. She also received exclusive occupancy of the family home.

The Court denied the father any contact with the children due to potential risk of harm. The judge focused on the **possibility**, not just the probability, of harm. He concluded that the allegations and the father’s lack of response justified a full no-contact order until the criminal proceedings concluded.

Property Orders

The father requested $65,000 to cover legal fees for his criminal defence. The mother opposed this. The Court approved a reduced payment of $30,000. The judge determined that the father likely qualified for at least 20% of the asset pool. The interim payment would not compromise the mother’s financial position. The Court balanced both parties’ immediate needs while considering the unresolved damages claim. Justice Schonell found the order served the interests of justice and would not prejudice the mother’s claim at trial.

Conclusion

At our firm, we know how overwhelming parenting and property disputes can be, especially with family violence.

The Hannigan & Hannigan case shows that the Court acts decisively to protect children and ensure fairness, even before trial. If you face a similar situation, you do not have to navigate it alone.

Here at Rowan Skinner and Associates Lawyers, we are experienced Family Law experts. We help you understand your rights, protect your wellbeing, and work toward a safe future. We serve clients in Melbourne Northern Suburbs, including Clifton Hill, Northcote, Thornbury, Alphington, Carlton, Fitzroy, Kew, and Heidelberg.