Here at Rowan Skinner and Associates Lawyers, we are Melbourne Child Custody Lawyers. We act for parents in parenting negotiations and in Family Court and FCFCOA court cases involving child custody disputes.
In the recent FCFCOA decision of Hannigan & Hannigan by Justice Schonell, his honour made interim orders in relation to two children, who were 10 and 6 years old.
The case is a powerful example of how the Family Court of Australia responds when serious allegations of family violence arise during a separation.
The story behind the case: a family violence story
The case involved a separated couple who were 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 two children.
How does the family court deal with serious allegations of physical and sexual violence?
The mother brought forward several serious allegations, claiming that the father had physically and sexually assaulted her multiple times over the course of their relationship, including during her pregnancy.
Such incidents included the covert recording of intimate images and videos of the mother without her permission, multiple accounts of sexual abuse and incidents of physical violence towards the mother.
She also alleged that he was violent and abusive towards their children on several occasions.
One particularly alarming incident involved the father allegedly choking their daughter and dragging her through the house. The mother claimed that such behaviour deeply affected her ability to work and parent safely.
She also described being subjected to controlling and coercive behaviour that left her fearful, isolated, and financially dependent, as this pattern of behaviour ultimately forced her to resign from her job and live in a state of anxiety and intimidation.
What happens when a litigant in a family court case is charged with serious sexual offences?
The father was arrested on multiple charges in early 2024 after the mother gave a statement to the police detailing his history of violence and abuse.
He denied the charges brought against him — which included assaults, intimidation, and unlawful recordings — and did not provide any direct response to the detailed claims made by the mother. He exercised his right to silence in this matter in light of the ongoing criminal case.
The court’s decision in Hannigan v Hannigan
Against this backdrop, the Federal Circuit and Family Court was asked to make urgent decisions about the children’s safety and the fair division of property—before the full facts could be determined at trial.
We have provided a summary of the judgement so that you can better understand how the court might deal with these types of allegations in an interim parenting dispute.
Parenting orders
The Court ruled that the children would live with the mother and that she would have sole parental responsibility. This included the right to make all decisions about their health, education, and travel, and to retain their passports. She was also given exclusive occupancy of the family home.
Conversely, the father was denied any contact with the children—supervised or unsupervised—due to the potential risk of harm. The judge said that the court was concerned not with the probabiliy of harm, but with the possibility.
The judge found that the seriousness of the allegations and the father’s failure to respond to them justified a complete no-contact order, at least until the criminal proceedings were resolved.
Property orders
The father sought a partial property settlement of $65,000 to cover legal fees for his criminal defence. While the mother strongly opposed this, the Court ordered a reduced payment of $30,000.
The judge found that the father was likely entitled to at least 20% of the asset pool and that the interim payment would not unfairly compromise the mother’s financial position.
The order was made cautiously, recognising both parties’ immediate needs and the unresolved nature of the mother’s separate damages claim. Ultimately, Justice Schonell found that it was in the interests of justice and would not prejudice her claim in the eventual property or damages proceedings.
Conclusion
At our firm, we understand how overwhelming it can be to navigate parenting and property disputes—especially when family violence is involved.
The Hannigan & Hannigan case shows that the Court takes these situations seriously and is prepared to step in to protect children and ensure fairness, even before a full trial takes place. If you’re facing a similar situation, it’s important to know that you don’t have to go through it alone.
Here at Rowan Skinner and Associates Lawyers, we are experienced Family Law experts. We’re here to help you understand your rights, protect your wellbeing, and work towards a safe and secure future for you and your family. We service clients in Melbourne Northen Suburbs such as Clifton Hill, Northcote, Thornbury, Alphington, Carlton, Fitzroy, Kew and Heidelberg.
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.