How do victims of domestic violence lose custody of their children?

You have a different collection of problems to consider when you split or divorce, particularly for your children when you are in a violent relationship. You may have thought about going out a long time, and you are ready to take the final move — or nearly ready. Here are some aspects that should be remembered for a safe transition between you and your child.

Keep Good Records

As long as you live with your wife and partner, carefully report all incidents involving you or your child of physical or emotional violence. Write down the dates, times, locations of all events and describe what happened to you or your children and any accidents. These notes are of tremendous use if you have to go to a court to ensure that the offender protects you and your children.

Make a Plan to Stay Safe

When you intend to get away, prepare if you can, at the time of your departure from the relationship you are in the most danger, so put in place a safety net. Try to save money and stash some clothes with your mate, preferably outside your home. You and your kids. Most importantly, make sure that your girlfriend doesn’t believe you’ll look anywhere safely when you leave. Don’t go to the house of your best friend or your mother, or be predictable somewhere else. 

Get the children’s legal custody immediately

If you have to go home urgently with your children and get away from an abusive husband, go to court immediately for an emergency safeguard order, which will help keep the children in control and require that the spouse remain away. You could be charged with abduction if you are not part of the Restraining Order.

Be aware that the order for emergency detention is provisional. Developing a long-term custody arrangement for your children, whether you’re not married to the other spouse, would still be part and parcel of your Divorce Lawyer Toowoomba. A court will decide on child custody or for the short or long term based on the judge’s belief that it is in their best interests. 

Getting Legal Help

Children’s custody and questions of visits in any divorce or split can be complicated. However, abusive relationships between you and the other parent of your children make it more difficult. If you have the money, you need to find a lawyer to help you achieve an abusive transition. A competent Family lawyer Toowoomba law will help you and your children make the best decisions.

If you visit a shelter the workers should be willing, at least to prepare the initial documents for a restraining order, to support you easily with finding legal aid at a reduced cost or no cost.

Support for the outbreak and state lock-down of COVID-19

Since the beginning of the COVID-19 pandemic, several police services, groups for domestic violence, and news sources have documented a surge in violence against women and children. According to the American Psychological Association and Josie Serrata, Ph.D., a crisis will contribute to an increase in domestic violence and child abuse among spouses and families. Increased financial burden, social alienation, and disconnection from networks of social care are all risks of abuse.

A perfect storm of risk factors has been created by the COVID-19 outbreak:

  • Significant growth in work losses in just 5 weeks with more than 26 million job claims filed

  • In most jurisdictions, shelter orders are made—these laws require people to stay in their homes until they need to fulfill the basic needs

  • Any grading level, daycare, and school closures.

You are not alone, and you can always get support, whether you are a victim of violence. The National Violence Hotline offers services for the abusers who attempt to escape during the lock-up of COVID-19.

Ending violence against children provides international support during this period to defend children.

The YWCA USA is the country’s biggest supplier of domestic abuse survivors programs and shelters. According to YWCA CEO, Alejandra Y. Castillo, household abuse shelters remain available, but adaptations have been made to combat COVID-19 spreading. In one of Nashville’s facilities, for example, the YWCA uses RVs to accommodate sick or new arrivals. Ruth Glen, CEO of the National Counter Domestic Violence Coalition said that groups are doing more TV lobbying and remote admission, and more apartment shelters.

Although courts around the country have closed and deferred hearings and convictions for a temporary period, most court cases in family law remain open to requests from the Domestic Violence Restraining order. You may have the option of contacting a Family Law Attorney for assistance — family law lawyers operate remotely in most jurisdictions.


It might sound odd for a batterer to see the children, but unless they are violated by the parent, the right to visit is not uncommon for an abusive parent. However, if it is necessary, you may expect the supervised visitation or the court to demand that the other parent should not drink or that some others do not have children around.

You can agree to bring the children to a neutral delivery location or get third parties to pick up the children and drop them off. You should accept to meet at the local policing station, a diner, or any other really public location if you drop off the children yourself and you do not feel comfortable.

The court could also be asked to name a visitation supervisor. Propose them to the judge if you have any creative suggestions. Most judges accept every scheme that saves all and facilitates visits simultaneously.


Kara Best is a leading family lawyer in Toowoomba and Legal Practice Director of Best Wilson Buckley Family Law. He has 13 years of experience and was the Recommended Family Lawyer for the year 2015.