Family law. Divorce problems. Man and woman sitting depressed at the attorney, lawyer office.

Family Violence – New Notice of Risk Form in Family Law Parenting Matters

Jacob Smith ||

The safety of children is the highest priority of the Family Court and the Federal Circuit Court (the Courts).

Any party who files an Initiating Application, Response or Application for Consent Orders seeking parenting orders, must file a form known as Notice of Child Abuse, Family Violence or Risk (Notice of Risk). Parties who have already filed proceedings but make new allegations, must also file a Notice of Risk.

The requirement to file a form similar to the Notice of Risk has been in place for some time, however the new Notice of Risk has been updated, expanded and harmonised for use in both Courts as of 31 October 2020.

Broadly, a Notice of Risk serves two purposes:

  • Assist the Courts to identify, appropriately deal with and prioritise parenting matters that have issues of family violence or child abuse; and,
  • Provide the Courts with a mechanism to report any allegations of child abuse or family violence, or risk of same, to the relevant child welfare authorities Ensuring families and their children receive appropriate intervention in the family law system.

The Notice of Risk is comprehensive and targets issues of:

  • child abuse or risk of child abuse, or neglect;
  • family violence and exposure to family violence;
  • drug, alcohol and substance misuse;
  • mental health issues;
  • abductions or threats of harm to a child; and,
  • any other related concerns.

What you need to know before completing a Notice of Risk

You must look at the relevant definitions under the Family Law Act 1975 (the Act), in particular, the definition of ‘family violence’ and ‘abuse’. Abuse and violence take many forms, so these terms are broadly defined under section 4 the Act.

Abuse (in relation to a child) is defined as an assault, sexual objectification, serious psychological harm (including exposure to family violence) or serious neglect.

Family violence is not confined to physical abuse. It includes violent, threatening or other behaviour that coerces or controls a person (for example, unreasonably denying a family member financial autonomy or intentionally damaging property). The risk of family violence, and exposure by a child to family violence, is also relevant.  Exposure includes witnessing family violence, for example, a child being present when police or ambulance attend an incident of family violence.

Any allegations set out in a Notice of Risk, must be supported by evidence in the accompanying affidavit that is filed with the other documents.

A Notice of Risk is an important document, and it is prudent to seek legal advice. If you require any assistance with parenting matters, please contact a member of Coleman Greig’s Family Law team today.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Understanding roles in the strata scheme

A strata scheme is a building or group of buildings that have been divided into lots which can be apartments, villas, offices, units or townhouses. This will be articulated in the strata plan.

Can i put my home on Airbnb?

Airbnb is a form of short-term rental accommodation. To add your property to Airbnb in NSW, you are required to meet several laws and regulations governing short-term rentals.

When are liquidators required to seek approval to retain legal counsel?

When does a liquidator (or the company he or she is appointed to) need court, creditor, or committee approval to validly retain a solicitor to act in a liquidation matter which is likely to extend for longer than three months?  The answer to this question has only recently been settled.

Proposed changes to building and construction law in NSW

The Building Bill 2022 (the Bill) is the key avenue through which the NSW Government has proposed to reshape the culture of the building and construction industry by eliminating poor performance and improving the quality of building statewide.

Can you dismiss an employee who fails to return to the office?

Slowly but surely, most employers are requiring employees to return to the office for at least a portion of their working week. Some employers continue to struggle with employees resistant to returning to the office or those who have an expectation that they can continue to work from home whenever it suits them.

New powers to combat phoenixing in construction

The rise of phoenixing in the building and construction industry in Australia in recent years has proved a significant challenge to regulators. Mismanagement of time or cashflow can quickly propel businesses into insolvency.

The NSW Building Commission’s extraordinary powers

In late 2023, the NSW Government passed the Building Legislation Amendment Bill 2023 (Amendment Bill). The Amendment Bill established the NSW Building Commission and granted it extraordinary powers to enter construction sites, inspect work and take away information and materials.

© 2024 Coleman Greig Lawyers   |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230