As of 31 October 2020, the family law courts now require a mandatory form called a “Notice of Child Abuse, Family Violence or Risk” to be filed with any court application seeking parenting orders. This form is required whether the orders sought are via:
- an Initiating Application / Response to Initiating Application (i.e. usually when there’s no agreement between the parents) or
- an Application for Consent Orders (i.e. when the parents agree on the parenting orders sought).
The form also needs to be filed by anyone making new allegations of child abuse or family violence in parenting proceedings on or after 31 October 2020.
The form is designed to provide the court with comprehensive details in relation to all aspects of risk to the children in a case, including:
- abuse (whether physical, emotional, psychological or sexual)
- family violence (including threats, derogatory comments, damaging property)
- exposure to family violence (including being present when police attend after an incident of family violence)
- being exposed to drug, alcohol or mental health issues of another family member
- abduction by the other parent or a family member
- any other concerns (including being asked to spy on the other parent)
This form is extensive and it is important that it is filled out appropriately and with great care. The details provided in this form are provided to the Department of Health and Human Services (DHHS) and can have a significant influence on court proceedings.
Our specialist family lawyers can advise you in relation to all types of parenting and Intervention Order matters and assist in developing doing strategies to protect you and your children’s best interests and to avoid potential pitfalls.
Click here to get in touch online or contact one of our expert family lawyers on 9803 5673 for an obligation free chat.