Recognising Coercive Control Under the Family Law Act and Its Impact on Parenting
Coercive control is increasingly recognised as one of the most dangerous forms of family violence—yet it often remains hidden, misunderstood, or minimised. As Sydney family lawyers, we see the devastating impact that coercive control can have on parents and children, not only during a relationship but long after separation. Understanding the signs, risks, and legal implications of coercive control is essential to safe and effective decision‑making.
In this article, we explain what coercive control looks like, how it is identified in family law matters, and what parents and practitioners need to know when navigating the Federal Circuit and Family Court of Australia (FCFCOA).
What Is Coercive Control under Australian Law?
Coercive control refers to a pattern of dominating behaviour designed to intimidate, isolate, degrade or control another person. Unlike incident‑based violence, coercive control is often subtle, ongoing and deeply psychological.
Under the Family Law Act 1975 (Cth), family violence includes behaviour that “coerces or controls” a family member or causes them to fear for their safety. Importantly, coercive control does not require physical violence. It can involve:
Monitoring or restricting a partner’s movements
Controlling finances, including allowances or forced dependency
Isolating someone from family, friends, or community
Threats, intimidation, or unpredictable anger
Manipulation, degradation, or humiliation
Using children to exert pressure or control
“Coercive control” is now criminalised under of the Crimes Act and refers to patterns of abusive behaviours towards a current or former partner.
Victims may describe the experience as “walking on eggshells”—a constant state of fear or hyper‑vigilance.
Why Coercive Control Is So Dangerous
Many victims struggle to recognise coercive control early because it does not always appear “violent.” Patterns become clearer over time, often after separation when the behaviour escalates.
In cases involving children, coercive control is especially concerning. Children exposed to this behaviour may suffer long‑term emotional, social and developmental harm. They may experience:
Social isolation
Anxiety, fear, or behavioural changes
Pressure to meet unrealistic rules
Exposure to manipulation, belittling, or punishment
Children living in a coercively controlled household are often considered co‑victims, not merely witnesses.
How Coercive Control is Identified in Family Law Proceedings
Recognising coercive control requires careful, detailed instruction‑taking. Victims often struggle to describe their experiences, especially if they have only ever associated “violence” with physical harm.
A family lawyer must therefore ask the right questions and look for patterns beneath the surface. Early indicators include:
Monitoring and surveillance
Stalking or unwanted contact
Threats to harm themselves, the victim, or the children
Financial dominance
Extreme jealousy or possessiveness
Systems abuse (e.g., misusing court processes to harass)
Strong engagement between legal representatives and domestic violence support services is essential, as recounting trauma can be difficult, triggering or fragmented.
How Courts Assess Risk where Coercive Control is alleged
In family law, assessing risk involves understanding both the nature of the behaviour and its impact on the victim and children.
Risk indicators may include:
Prior threats or escalating behaviour
Access to weapons
Mental health concerns
Substance abuse
Disregard for previous court orders
A history of stalking or harassment
Courts increasingly recognise the need to understand coercive control as a pattern, not a series of isolated events.
Where allegations arise, the Court must determine:
Is there a risk of harm?
Is the risk unacceptable?
Can the risk be managed or mitigated?
This risk assessment guides decisions about parenting orders, safety measures, or supervised time.
In Takenaka & Maddox [2025] FedCFamC1A 243, the Court upheld extensive findings that the father had engaged in a four‑year pattern of coercive and intimidating conduct toward the mother, including threats, false reports about her mental health, high‑volume hostile communications, and misuse of legal processes. The behaviour was found to constitute family violence under s 4AB, significantly impairing his parenting capacity and creating unacceptable risks to the mother and child. The appeal was dismissed, confirming that sustained coercive control can justify protective orders and cautious, highly structured parenting arrangements.
Early legal advice can assist with safety planning and evidence gathering before court involvement, contact us today to structure a parenting arrangement that best promotes the children’s safety.
The Impact on Children
The Family Law Act requires the Court to protect children from harm, including exposure to family violence. A child may experience coercive control even if they never see physical violence.
Evidence about children may include:
Changes in behaviour or school performance
Fear of a parent’s reactions
Statements indicating anxiety or hyper‑vigilance
Isolation from family or community
Restricted access to resources or activities
Independent Children’s Lawyers (ICLs), Child Impact Reports and experts may all assist the Court in assessing children's lived experiences.
How the Family Court Manages Safety Risks in Coercive Control Cases
Coercive control can continue long after separation and may manifest through:
Excessive or strategic applications to the Court
Misuse of subpoenas
Contravention applications as a form of punishment
Attempts to control parenting arrangements
Harassment through emails or texts disguised as “communication”
Parties can access safety measures during proceedings, including:
Safety plans and safe rooms
Remote attendance at hearings
Restrictions on cross‑examination by perpetrators
Case management by a consistent judge
Limits on repeated or vexatious proceedings
Legal representatives and ICLs play a critical role in ensuring that victims are protected throughout the litigation process.
Final Thoughts
Coercive control is complex and often hidden—yet its effects on parents and children are profound. Understanding the nature, risks and legal significance of coercive control is essential to achieving safe and just outcomes in family law matters.
If you are experiencing coercive control, early legal advice and professional support are essential. A tailored approach that identifies patterns of behaviour—rather than focusing on isolated incidents—can make a significant difference to your long‑term safety and wellbeing. Contact us for a confidential discussion, whether you are affected by coercive control or facing allegations of it.
Prepared by Julie Cheung at Dorter Family Lawyers & Mediators. This article provides general information only and does not constitute legal advice.
