If there is no parenting agreement registered with the Family Court she can. However, that said, he has equal custodial rights too if that is the case.

If she is scared of him and he has threatened her or been recently violent or abusive, my advice would be that she seeks an AVO through the local magistrate's court.

This can include the child.

However, for a more permanent solution she would need to go to Family Court. She needs to keep in mind though that unless the violence is pretty extreme (and proven independently) it is likely her ex will still have contact and shared responsibility for the child.

Hope it goes well for her !

n2l