News

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

The Family Law (Notice of Child Abuse, Family Violence or Risk) Rules 2020 and the Federal Circuit Court (Notice of Child Abuse, Family Violence or Risk) Rules 2020 have been registered , and commenced 31 October 2020.

As a result, the Notice of Child Abuse, Family Violence or Risk will come into effect as the prescribed form from tomorrow.

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 and should be eFiled using the Commonwealth Courts Portal.

Please note that there have been two minor changes to the form since the original email of 20 October: Q11 changed ‘are’ to ‘is’: ‘Identify the kind of abuse or neglect the child has experienced (or is at risk of experiencing).’ Q25 referenced 24 in error.

For more information, see the following links:

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/about/news/new-noticerisk
http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/about/news/new-noticerisk

Form and kit changes that have arisen as a result of the Family Law (Notice of Child Abuse, Family Violence or Risk) Rules 2020 and the Federal Circuit Court (Notice of Child Abuse, Family Violence or Risk) Rules 2020.

Initiating Application kit and form

The instruction pages of the kit were updated to reflect changes to the Notice of child abuse, family violence or risk.

The Notice to Respondent(s) on page 10 was updated to include references to the new Notice and additional details added about attending hearings.

Application for Consent Orders kit and form

The instruction pages of the kit were updated to reflect changes to the Notice of child abuse, family violence or risk.

The note on page 10 at Item 25 was changed to reflect the requirement to file the new Notice when seeking parenting orders.

Annexure to Proposed Consent Parenting Order (Current Case) form

Instructions and note at Part B were amended to reflect change to the Notice of child abuse, family violence or risk.

Response to Initiating Application Kit
Updates were made to the instructions pages of the kit but no changes to the form itself.

All the updated forms and kits are available on the Court websites.