Can my children stay with me if I claim family violence on a partner visa in 2026?

Updated 2026-10-11 · General information, not migration advice · Run by the Arrivau team

Yes — but not automatically, and not as a side effect of your own claim. According to the Australian Department of Home Affairs Family Violence Provisions page (as of October 2026 official pages), a dependent child may be eligible for a permanent visa if they are the dependant of a Partner visa-holding parent who has applied under the family violence provisions, and they have applied for a Dependent Child (subclass 445) visa. Two conditions, both of them. Your child's outcome runs alongside yours, but it still needs its own visa application to land on.

This article is general information about how the published rules fit together, not advice about your family's case; the rules are detailed and facts matter, so check the current Home Affairs pages or get professional advice for your situation.

Which partner visas put my child on this pathway?

The child pathway is tied to the parent's visa. The Home Affairs page lists these as the Partner visa situations where the family violence provisions can apply:

the parent holds, or has applied for, a Partner (subclass 820) visa
the parent holds, or has applied for and entered Australia since applying, a Partner (subclass 309) visa
the parent holds, or previously held, a Prospective Marriage (subclass 300) visa — and for this visa the parent must be in Australia; if the visa has ceased, the parent must also not hold a substantive visa and must have applied for the Partner (subclasses 820 and 801) visa

One more condition sits on top: for a Partner visa applicant or holder, the alleged perpetrator must be the former sponsor of the visa application.

So the structure looks like this: your claim is assessed against your relationship with your former sponsor, and your child's eligibility is assessed as the dependant of a parent who made that claim — with a subclass 445 application in place.

Does my child need their own 445 application?

Yes, on the published pathway. The page states the child's eligibility requires that they have applied for the Dependent Child (subclass 445) visa. There is no wording saying that a child is granted status simply because a parent's claim succeeds.

What the child does not need, on the face of these pages, is a separate family violence claim of their own. The trigger is the parent's claim. The child's job is to be a dependant of that parent and to have a 445 application lodged.

How do I tell the department about my children?

The relationship cessation step is where children enter the record. If you have access to ImmiAccount, the Home Affairs Family violence provisions – Partner visa applicants page says to use the 'Notification of Relationship Cessation' form in the 'Update Details' tab.

The form asks three things that matter here:

when your relationship with your former sponsor ceased
whether you have experienced family violence
whether you have children with your former sponsor

The page is explicit about one trap: choose both the family violence option and the children-of-the-relationship option if both apply. The automatic removal of your Partner visa application and the sponsorship application from all ImmiAccounts — including your former sponsor's and any migration agent's — only happens if you select the family violence option.

After that, create a new ImmiAccount using an email address your former sponsor cannot access. The department contacts you to transfer your application into the new account and asks for the new username and email address.

If you do not have ImmiAccount access, the page says you can report the end of the relationship using the Partner processing enquiry form.

What does my evidence need to show?

Your claim is assessed in two stages. First the department must be satisfied the relationship was genuine and ongoing before it ended. Only after that does it assess the family violence claim.

For the family violence stage, the Family violence evidence page says the evidence must show that at least part of the violence happened while you were in a relationship with your former partner or spouse, and that your former partner or spouse was the alleged perpetrator. All evidence must be in writing, in English, and in the format and level of detail requested.

You can provide judicial or non-judicial evidence:

Judicial evidence is a court document. One option is enough, and the listed options are a court injunction against your former partner or spouse under the Family Law Act 1975, a court order against your former partner or spouse made under a state or territory law, a record that the court convicted your former partner or spouse of a family violence offence against you or your dependant(s), or a record that the court recorded a finding of guilt against your former partner or spouse for a family violence offence against you or your dependant(s). The reference to your dependant(s) appears only in those last two options.
Non-judicial evidence is either a joint undertaking made before the court, or a minimum of two pieces of evidence — and if you go the two-piece route, you must also complete a Commonwealth statutory declaration form.

There is a limit worth internalising before you start collecting paperwork: only one document per category. A hospital report from a nurse and a statutory declaration from a medical practitioner are the same category, so you cannot submit both.

Does my child have to give their own account of the violence?

Nothing on the evidence page requires a child to produce their own statement. What exists instead is a professional evidence category that speaks to the child: child welfare officer evidence, in the form of a report, letter or statutory declaration.

That document must:

detail fears for the dependent child's safety because of family violence within the household
identify the alleged perpetrator, or give information that lets the perpetrator's identity reasonably be inferred

Police evidence carries a parallel possibility: a witness statement made by someone other than the alleged victim to a police officer during an investigation. And education professional evidence covers observations consistent with the victim's claims. In practice, a child's experience can be documented by a professional acting in their professional capacity rather than by the child directly.

What happens after I lodge?

The department determines whether the violence, or part of it, occurred during the relationship and whether your former sponsor was the alleged perpetrator. It may ask for more information, and if it is satisfied, it may request further items such as a health exam or character documents like an Australian or overseas police certificate.

If the department is not satisfied, it refers you to an independent expert, and it will tell you it has done so. The expert contacts you to arrange an interview and gives an opinion on whether you experienced family violence. The department must accept that opinion. If the expert's opinion is negative, you get a chance to comment on it first.

The Home Affairs pages describe this process as one that may take some time. The Department of Home Affairs does not publish processing times, fees or approval rates alongside the family violence provisions, so check its current visa pricing and processing-time information before relying on any figures.

What if the sponsor withdraws sponsorship?

Withdrawing sponsorship does not quietly end the matter. The Information for Partner visa sponsors page says that when the department receives information that a relationship has ended, it must tell the visa applicant and give them a chance to respond before a decision is made. It also states there may still be grounds to grant the applicant a permanent Partner visa.

After a sponsor withdraws, privacy law stops the department from giving that sponsor details about the application or the applicant — including the outcome and whether the applicant is in Australia.

Does my child's safety situation depend on visa status?

No. The Home Affairs pages state plainly that you and your family do not have to stay in a relationship where you fear for your or your family's safety, and that there is a right to a safe environment in Australia regardless of visa status. The Where to get help page lists national and state/territory support services covering counselling, housing, finances, food, medical needs and legal matters, available regardless of visa status.

That page also flags a practical safety point: helpline numbers still appear on phone bills, and it recommends private browsing mode and clearing browsing history where possible.

Frequently Asked Questions

Can my child get permanent residency automatically if my family violence claim succeeds?

No. The published pathway requires the child to be the dependant of the parent who applied under the family violence provisions and to have applied for a Dependent Child (subclass 445) visa. A successful parental claim is the trigger, not the substitute, for the child's own application.

Which visa does my child need to apply for?

A Dependent Child (subclass 445) visa. That is the only visa named on the Home Affairs Family Violence Provisions page for a dependent child in this situation.

Do I need to mention my children when I report that the relationship has ended?

Yes. The Notification of Relationship Cessation form asks whether you have children with your former sponsor, and the department says to select both the family violence option and the children option when both apply. Selecting family violence is also what causes the application and sponsorship to be removed from your former sponsor's ImmiAccount.

Does my child need to write their own statement about the violence?

The evidence requirements focus on your claim, not on a statement from your child. A child welfare officer's report, letter or statutory declaration can address fears for the dependent child's safety due to family violence in the household, and must identify the alleged perpetrator or give information from which they can reasonably be identified.

What if the violence started after we separated?

The family violence provisions require that the violence, or part of it, occurred while you were in a relationship with your former partner or spouse. Where that condition is not met, the pages point to help that is available regardless of visa status.

How many non-judicial documents should I collect?

Either one joint undertaking made before the court, or a minimum of two pieces of evidence from the listed categories — plus a completed Commonwealth statutory declaration form. Remember the one-document-per-category rule when you choose which two to submit.