Under the Family Law Act, parties are required to file a “Notice of Risk” if they allege that a child has been abused or is at risk of being abuse, or if there has been family violence between the parties or there is a risk of family violence.
From 12 January 2015, each parenting application filed in the Federal Circuit Court of Australia must have a Notice of Risk filed. This Notice is a way to facilitate screening of matters in the Court to identify various risk factors at the earliest opportunity and to aid the effective early intervention case management pathway of the Federal Circuit Court.
The Notice of Risk is designed to identify a wide range of risks to children in parenting proceedings including mental health issues, drug and alcohol abuse, parental incapacity and other risk factors. The Notice will also enable more timely notification to relevant child protection authorities.
If you have any queries regarding your parenting matters, or questions surrounding bringing a parenting application in the Court, please contact a member of our family law team.