The Family Court of Australia and Federal Circuit Court of Australia are implementing a new form on 31 October 2020 – the Notice of Child Abuse, Family Violence or Risk, facilitated by amendments to the Family Law Rules 2004 and the Federal Circuit Court Rules 2001. 

The new form will replace and consolidate the three existing prescribed forms of the Courts:

  • Notice of Risk
  • Notice of Child Abuse, Family Violence or Risk of Family Violence (Current Case), and
  • Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders)

while ensuring the Courts’ mandatory obligation to report allegations of child abuse, family violence or risks of child abuse or family violence is being fulfilled pursuant to sections 67Z – 67ZBB of the Family Law Act 1975 (Cth). The new form will assist in ensuring that families and their children receive appropriate and targeted intervention in the family law system.

When to file the new form

The new form must be completed when filing an Initiating Application, Response to Initiating Application or Application for Consent Orders where a parenting order is sought from 31 October 2020. 

In the Family Court of Australia, the Notice is required to be filed:

  • Together with an Initiating Application or Response to Initiating Application seeking parenting orders (including parenting and property orders), or
  • With an Application for Consent Orders if an agreement has been reached about parenting arrangements and you want the Court to make orders in those agreed terms, or
  • If you have become aware of new facts or circumstances that may constitute family violence or child abuse, and have previously filed this form or its predecessor. 

In the Federal Circuit Court of Australia, the Notice is required to be filed:

  • Together with an Initiating Application or Response seeking parenting orders (including parenting and property orders), or
  • If you have become aware of new facts or circumstances that may constitute family violence or child abuse, and have previously filed this form or its predecessor.

The new Notice is available in Word format and as an interactive PDF form and should be eFiled using the Commonwealth Courts Portal

For more information, see Notice of child abuse, family violence or risk

For more information, see Notice of child abuse, family violence or risk

NOTE: Applications that are part way through completion but have not been lodged for filing on the Commonwealth Courts Portal by 31 October 2020 will also need to complete the new form. 

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