Are you considering parenting orders? Then you need to know about the ‘Notice of Risk of Child Abuse, Family Violence or Risk’ form.
This form is required to be filed to have the Court make parenting orders relating to your children. This form has to be filed even if there are non no risk or abuse problems in your situation.
What is a Notice of Risk and why do I have to file one?
Ask any family lawyer and they'll tell you that most cases in the Family Court system involve allegations of family violence and child abuse. They arise in matters often in family dispute resolution too.
The Notice of Risk (we'll call it a NOR) helps the Court identify risk issues for children at the very start of a Court case. The Court may make referrals to a child welfare authority about the risks alleged in the NOR. If there aren't any allegations to report, then this is recorded at the start of the Court case too.
A NOR can and should be filed throughout the Court proceedings, if allegations of risk do come up before the Court case ends.
The NOR is not new. For a while now, it been the Family Court's way of providing early intervention, by linking relevant protection agencies to children at risk in the family law system. The intention is to help families get support and protection they need in difficult and unsafe situations.
What is new is that there is a new version of the NOR as of 30 November 2o20. With the latest NOR, you are asked detailed questions about allegations of risk to children due to risk of abduction, mental health issues, drug and alcohol abuse, family violence, child abuse or neglect.
Do I need to file an Notice of Risk?
The NOR must be filed alongside any of the following documents filed in the Family Court of Australia or in the Federal Circuit Court:
- An Initiating Application (where you are applying for parenting Orders and beginning your Court proceedings);
- A Response to an Initiating Application (where you are answering an application in which parenting Orders are being sought by the other parent); and/or
- An Application for Consent Orders (where you and the other party are applying together for parenting Orders to be made by agreement).
You can find the NOR here.
If you're unsure about whether you need to file an NOR, or what to include in it, you can ask us. Get in touch here.