How Does an AVO Affect Parenting Arrangements in NSW?

• An Apprehended Violence Order (AVO) and a parenting order are two different legal orders, made in two different courts, but they can directly affect how and when you see your children.
• An AVO does not automatically stop you spending time with your children. What matters is the specific wording of the AVO and whether your children are named as protected persons.
• Most standard “no contact” AVO conditions include a built-in exception for contact authorised by an existing family law parenting order — unless that order has since been varied, suspended or discharged.
• Where an AVO and a parenting order genuinely conflict, the parenting order generally overrides the AVO to the extent of the inconsistency.
• Breaching an AVO to see your children, even if you believe you have good reason, is a criminal offence under NSW law.
• This article explains how the NSW and Commonwealth systems interact, and the safest way to resolve parenting arrangements if an AVO is involved. It is general information only — get advice on your own court documents before you act.

Does an AVO Automatically Stop Me From Seeing My Children?

No. An AVO does not, by itself, end your relationship with your children or automatically cancel any arrangement you already have in place. What an AVO does is restrict the defendant’s behaviour towards the protected person, and sometimes towards children who are also named as protected persons.

Most standard AVO conditions prohibit the defendant from approaching, contacting or going near the protected person, subject to listed exceptions. A common exception is that contact is not a breach if it is authorised by an existing parenting order under the Family Law Act 1975, or agreed to in writing, unless that parenting order has since been varied, suspended or discharged under section 68R of the Family Law Act.

This means that if you already have a parenting order in place, and the AVO does not expressly override it, the parenting order will usually continue to govern contact with your children — even though the AVO restricts contact with your former partner.

Separately, in ADVO proceedings the court is generally required to name any child with whom the protected person has a domestic relationship as a protected person in their own right, unless there are good reasons not to. This is different from the court simply choosing to include children — it is the default position under the Act.

Whether your particular AVO includes the family law exception, and exactly which conditions apply to your children, depends entirely on the wording of your order. This is why it is important to read your AVO carefully, or have a lawyer review it, rather than assume it works a particular way.

How Does an Existing Parenting Order Interact With a New AVO?

Where an AVO and a parenting order say genuinely different things, the general position is that the parenting order overrides the AVO to the extent of the inconsistency. For example, if an AVO states that a parent must not go to the other parent’s home, but a parenting order requires that parent to collect the children from that home at a set time, following the parenting order will not usually place the defendant in breach of the AVO.

Separately, when the Local Court is making or varying an AVO and is given material that the FCFCOA did not have when the parenting order was made, section 68R of the Family Law Act allows the Local Court to revive, vary, discharge or suspend the existing parenting order — but only to the extent it deals with a person spending time with the child, and only where the court is satisfied it is appropriate because of a person’s exposure, or likely exposure, to family violence. This power is available in both interim and final AVO proceedings, but it works differently depending on which: if the Local Court is only making an interim AVO, it can revive, vary or suspend the parenting order, but not discharge it, and any change only lasts until the interim AVO stops being in force or 21 days, whichever comes first. If the Local Court is making a final AVO, its power to revive, vary, discharge or suspend the parenting order is not time-limited in the same way.

Separately, when the FCFCOA later makes or varies a parenting order that is inconsistent with an existing AVO, sections 68P and 68Q of the Family Law Act require the court to identify that inconsistency in its orders. To the extent of that identified inconsistency, the AVO is then treated as invalid.

In practice, this means both courts have tools to resolve a conflict — but neither happens automatically. If your AVO and your parenting order do not clearly work together, you should get advice on which order currently applies to your situation before relying on either one.

AVO and Parenting Order at a Glance

Feature	AVO	Parenting Order
Governing law	Crimes (Domestic and Personal Violence) Act 2007 (NSW)	Family Law Act 1975 (Cth)
Court	NSW Local Court (e.g. Hornsby Local Court)	Federal Circuit and Family Court of Australia
Main purpose	Protects a person from violence, harassment, intimidation or stalking	Sets out arrangements for the care of a child
Who can apply	Police, or the person seeking protection (or an adult on a child’s behalf)	A parent, or another person concerned with the child’s care, welfare or development
Can be made by consent	Yes, often without admissions	Yes, as consent orders
Breach consequence	Criminal offence under section 14, Crimes (Domestic and Personal Violence) Act 2007	Contravention application in the FCFCOA; may involve penalties for the parent in breach

What if There Is No Parenting Order Yet?

Many AVOs are made before separated parents have sorted out formal parenting arrangements. If there is no parenting order, an AVO condition will often allow contact “as agreed in writing between the parties.” A written and signed parenting plan may satisfy that condition, provided the AVO’s wording allows it and the proposed contact does not breach any other condition, such as an exclusion zone or non-approach condition. Check the exact wording of your AVO before relying on a parenting plan in this way.

This arrangement depends on ongoing agreement. If the protected person withdraws their consent to the parenting plan, any further contact carried out under it may then place the defendant in breach of the AVO, because a parenting plan — unlike a parenting order — is not enforceable and does not override the AVO on its own.

If you do not yet have a parenting order and contact with your children is at risk, the safer course is usually to formalise arrangements through consent orders or an application to the FCFCOA, rather than relying only on an informal or verbal agreement.

Step-by-Step: Sorting Out Parenting Arrangements When There Is an AVO

1. Read the AVO carefully — Identify whether it is provisional, interim or final, who is named as a protected person, and whether any exception allows contact authorised by a parenting order or written agreement.
2. Check for an existing parenting order or parenting plan — Confirm whether it is still current, and whether the AVO expressly refers to it.
3. Identify any inconsistency — Compare the specific conditions of the AVO against the specific terms of any parenting order or plan, rather than assuming one document simply cancels the other.
4. Get legal advice before acting — Especially before relying on an exception, attending a changeover location restricted by the AVO, or assuming informal contact is safe.
5. Apply to formalise or vary arrangements if needed — This may mean applying to the FCFCOA for parenting orders or consent orders, or raising section 68R with the Local Court if new information is relevant to an existing parenting order during AVO proceedings.
6. Comply with both orders until they are formally changed — Do not stop complying with either order based on your own view of which one should apply — a court needs to make that change.

What Not to Do

• Do not rely on a verbal agreement, or an unclear or disputed message, if the AVO requires contact to be “as agreed in writing.” A clear written communication may satisfy that condition, but get the wording of your AVO confirmed before relying on it.
• Do not assume an old parenting plan or informal arrangement overrides a new or varied AVO.
• Do not attend a home, workplace or other location restricted by the AVO to collect or drop off children without first checking whether the AVO or a parenting order permits it.
• Do not breach the AVO because you believe it is unfair, inaccurate or inconvenient — apply to vary it through the proper process instead.
• Do not ignore an AVO application or court event notice. Not responding does not make the matter go away and can result in orders being made in your absence.
• Do not negotiate directly with the other parent about changing AVO conditions without involving the court or getting advice first.

Common Mistakes We See

• Assuming that having an AVO taken out against you automatically means you have lost all parenting rights. It does not — the parenting order, or lack of one, is a separate question.
• Assuming a parenting order automatically gives a defendant the right to ignore AVO conditions such as approaching a restricted address, when only the specific contact terms are protected.
• Treating a parenting plan as if it has the same legal force as a parenting order.
• Waiting until a court date is imminent before seeking legal advice, which limits the options available.

What Happens if I Breach the AVO to See My Children?

Knowingly contravening a condition of an AVO is an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The standard offence carries a maximum penalty of two years’ imprisonment, and where the contravention involves an act of violence, the court must generally impose a term of imprisonment unless it orders otherwise and records its reasons.

The Act was also amended to introduce more serious contravention offences with higher maximum penalties, including persistently contravening an AVO on three or more occasions within a 28-day period.

Wanting to see your children is not, on its own, a lawful excuse to breach an AVO. Contact should only take place in a way clearly permitted by the AVO’s own terms, a valid family law order or written agreement it recognises, or a formal variation of the relevant order.

Document Checklist — What to Bring to Your Consultation

• A copy of the AVO (provisional, interim or final), including all conditions
• Any existing parenting order, consent order or parenting plan
• Details of your next court event date, if any
• The police event number, if the AVO was police-initiated
• Details of your children, including full names and dates of birth
• Any FCFCOA file or case number, if family law proceedings are already on foot
• Relevant correspondence about contact arrangements, such as texts or emails
• Any incident reports, police facts sheet or evidence relevant to the AVO

What Happens at Your First Consultation With Caspian Legal

At your first consultation, we will review the AVO and any parenting order or parenting plan together, explain in plain English how they currently interact, and identify whether any inconsistency needs to be addressed. We will discuss your options, which may include a consent variation of the AVO, an application to the FCFCOA for parenting orders, family dispute resolution, or raising section 68R with the Local Court where relevant. If you have an upcoming court date, we will explain what to expect and the practical next steps to prepare.

Frequently Asked Questions

Does an AVO automatically stop me from seeing my children?

No. An AVO restricts the defendant’s behaviour towards the protected person and any children named as protected persons. It does not automatically cancel an existing parenting arrangement, although its specific conditions may restrict how contact takes place.

Can my children be named as protected persons on an AVO?

Yes. Children can be named as protected persons where they are directly affected by the behaviour in question, or because the person seeking protection has primary care of them. The specific conditions relating to children will depend on the individual order.

What happens if my AVO and my parenting order say different things?

Where the two orders genuinely conflict, the parenting order will generally override the AVO to the extent of the inconsistency. However, this depends on the exact wording of both orders, so you should have them reviewed together rather than assuming which one applies.

Can the Local Court change my existing parenting order when it makes an AVO?

In limited circumstances, yes. Under section 68R of the Family Law Act, the Local Court can revive, vary, discharge or suspend a parenting order if it is given material the FCFCOA did not have. During interim AVO proceedings it can revive, vary or suspend the order (but not discharge it), and the change only lasts until the interim AVO ends or after 21 days, whichever is sooner. During final AVO proceedings, its power is broader and not time-limited in the same way.

Is a parenting plan enough to allow contact under an AVO?

It can be, if the AVO allows contact “as agreed in writing.” A signed parenting plan may satisfy that condition. However, a parenting plan is not enforceable in the same way as a parenting order, and if the protected person withdraws their agreement, continuing contact may breach the AVO.

What if I don’t have a parenting order yet?

You can still have lawful contact with your children if it falls within an exception in the AVO, such as contact agreed in writing. If arrangements are unclear or contested, it is usually safer to formalise them through consent orders or an application to the FCFCOA.

What happens if I breach the AVO to see my children?

You may be charged with the criminal offence of contravening an AVO under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, which carries a maximum penalty of two years’ imprisonment. Wanting to see your children is not, by itself, a legal excuse.

Getting Legal Advice in Hornsby and the Upper North Shore

Caspian Legal acts for clients across Hornsby and the surrounding Upper North Shore, including Waitara, Asquith, Wahroonga, Normanhurst, Thornleigh, Pennant Hills and Berowra. AVO matters in this area are generally heard at Hornsby Local Court, while family law proceedings, including parenting orders, are generally dealt with by the FCFCOA’s Parramatta registry. Our office is located at 22–28 Edgeworth David Avenue, Hornsby NSW 2077.

Speak With Caspian Legal Before You Act

If an AVO has affected, or might affect, your parenting arrangements, it is worth getting advice before you act on an assumption either way. Contact Caspian Legal to discuss your options and the safest way forward for you and your children.

Caspian Legal Pty Ltd
22–28 Edgeworth David Avenue, Hornsby NSW 2077
Phone: 02 7264 3200
Website: caspianlegal.com.au
Google reviews: g.page/r/CYig8LJ260Y7EB0/review

Sources

1. Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14 (Contravention of AVO)
2. Family Law Act 1975 (Cth), s 60CC (Best interests of the child)
3. Family Law Act 1975 (Cth), s 68P (Inconsistency with a family violence order)
4. Family Law Act 1975 (Cth), s 68Q (Family violence order invalid to extent of inconsistency)
5. Family Law Act 1975 (Cth), s 68R (Power of court making a family violence order to vary an existing order)
6. Legal Aid NSW, “AVOs and Family Law”
7. Federal Circuit and Family Court of Australia, “Family law changes from 6 May 2024”