Notice of Child Abuse, Family Violence or Risk

when is a notice of child abuse, family violence or risk required?

✅ When filing an Application for Consent Orders, Initiating Application or Response to Initiating Application;

✅ When a party to a case becomes aware of new facts or circumstances which they think may be child abuse or family violence; or

✅ If a case is transferred to the Federal Circuit and Family Court of Australia and this form has not previously be filed.

This document guides you down the right path in preparing a customised Notice of Child Abuse, Family Violence or Risk.

Embedded Lawyer-Logic™ adapts to your answers to provide valuable guidance and help you avoid errors.

document overview:

⚖️ Prescribed for the Federal Circuit & Family Court of Australia (although it may be used for proceedings in the Family Court of Western Australia when required);

⚖️ Ensures families and their children receive appropriate and targeted early intervention and assistance; and

⚖️ Allegations of child abuse are recorded in this form and then reported to child welfare authorities.

what constitutes child abuse?

A child has been abused (or they at risk of abuse) by a party or another person relevant to these proceedings, such as:

❌ An assault including a sexual assault;

❌ Involving a child in sexual activity directly or indirectly;

❌ Causing a child to suffer serious psychological harm;

❌ Exposing a child to family violence is a form of child abuse; and

❌ Serious neglect.

(“Abuse” is defined in section 4(1) of the FLA).

what constitutes family violence?

There has been family violence, or there is a risk of family violence against a child or another party.

Family violence includes violent or threatening behaviour that causes fear in another family member, such as:

❌ Physical or sexual assault;

❌ Damaging or destroying property;

❌ Control or denial of access to family finances;

❌ Threatening or derogatory comments towards a family member, whether in the presence of a child or not; and

❌ Behaviour that limits a family member’s right to speak or engage with others.

(“Family Violence” is defined in section 4AB of the FLA)

drug, alcohol or substance abuse

❌ Drug, alcohol or substance misuse of a parent or another party to the proceedings has caused harm or poses a risk of harm to a child.

mental health issues

❌ The mental health issues of a parent or another party to the proceedings have caused harm or posed a risk of harm to a child.

abduction and threats of harm

There have been recent attempts to abduct a child, a child is at risk of being abducted or there been any recent threats to harm a child or another person relevant to the proceedings:

❌ Abduction is when one parent takes, conceals or detains a child from the other parent without a reasonable excuse; and

❌ Threats of harm are when one parent or family member verbally threatens to hurt a child or another person.

other concerns

You can raise any other concerns you may have in relation to a child’s safety and well-being that have not been mentioned previously.

For example:

❌ The child has had to call 000 when witnessing an assault of a family member by his father;

❌ Since the child witnessed family violence she has refused to sleep in her bed and wants to sleep with me and has regressed in her toilet training; or

❌ The child has been asked to spy on the parent when in their care and report back.

how to efile

This document should be filed electronically on the Commonwealth Courts Portal.

There are step-by-step guides about using the portal and how to eFile available on the FCFCOA website.

If you are unable to file online, you can file by post or in person at one of the FCFCOA registries.

service

This document must be served on all other parties to the proceedings, including the Independent Children's Lawyer if one has been appointed and anyone named at question 7 and 14.

For more information about service see How do I serve family law documents?

relevant legislation

Under the Family Law Act 1975 (Cth) (the FLA), the FCFCOA has a mandatory obligation to report certain information to child welfare authorities which includes:

⚖️ Allegations of child abuse or a risk of child abuse (section 67Z of the FLA); and

⚖️ Allegations of family violence or a risk of family violence that amount to abuse of a child (section 67ZBA of the FLA).

This form also fulfils the FCFCOA's responsibilities under section 69ZQ(1)(aa) of the FLA to ask each party to the proceedings:

⚖️ Whether they consider that the children concerned have been, or are at risk of being, subjected to, or exposed to, abuse, neglect or family violence; and

⚖️ Whether they consider that they themselves, or another party to the proceedings, have been, or are at risk of being, subjected to family violence.

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