Undertakings

Australia

  • Judicial College of Victoria, Family Violence Bench Book (2014).
    2.2.4 discusses the advantages and limitations of undertakings when deciding whether to accept an undertaking instead of making an interim or a final order, with safety being the paramount consideration.

International

  • Neilson, Linda C, Domestic Violence Electronic Bench Book (National Judicial Institute, 2017).

    In Section 16.10.11.5: Concerns about undertakings: Domestic violence context, the bench book raises these questions:

    • ‘Are undertakings from a parent who has engaged in domestic violence or who has demonstrated disrespect for law or who has a history of non-compliance with court orders likely to be reliable?’
    • ‘What happens to the safety of the custodial parent and child if the undertaking parent decides to ignore or to retract the undertakings upon the child’s return in the other jurisdiction?’