Coercive control and access to children
Coercive control is an insidious form of domestic violence and is often a precursor to serious physical violence.
In a recent case, (Carter & Wilson), a trial judge found that a mother was guilty of using coercive control in preventing her child from seeing his father.
However, on appeal that decision was reversed.
To delve deeper into the case, we firstly need to understand what exactly constitutes coercive control.
Coercive control involves a pattern of behaviour or ongoing behaviour designed to exert power and control over another person in a domestic or intimate relationship. Such behaviour can include:
- Isolation;
- Emotional and psychological abuse;
- Threats and intimidation;
- Monitoring of electronic devices and online activity;
- Tracking movements and location;
- Controlling aspects of someone’s life including what they wear, when and what they eat and if they can leave the house or communicate with others; and
- Controlling access to money and other resources.
In Carter & Wilson the couple met in 2013, and had separated by 2016, shortly after the birth of their child.
After the initial separation, the mother limited the amount of time that the child spent with her former partner.
In deciding the initial parenting orders, the trial judge found the mother’s conduct was “controlling”.
However, on appeal, it was found the mother had genuine concerns for the child’s welfare, and that did not constitute coercive control.
The father had admitted he had perpetrated violence against the mother, as well as against his child from a previous relationship.
The appeal court found: “The conduct of the mother in limiting the amount of time that the child spent with the father could not reasonably be determined to be coercive or controlling.
“… there was no finding that the mother’s concerns for the welfare of her child were other than genuine in the context where she had herself been the subject of one violent assault by the father and had witnessed the father’s admittedly unacceptable conduct toward (his other child).”
The court also noted the laws relating to coercive control had a strong focus on “the promotion of the welfare of children and protecting them from being exposed to violence.”
Dealing with this situation under the law can be complex, and here at Michael Lynch Family Lawyers, we understand it’s also an emotional time for you.
If you need help with any aspect of family law, including parenting orders and domestic violence, please get in touch with Michael Lynch Family Lawyers today.
Make an appointment with one of our family law specialists by calling: (07) 3221 4300 or emailing: [email protected]
