People involved in disputes about the future arrangements for their children after relationship breakdown are required to make a genuine effort to resolve the matter by family dispute resolution.
Section 60J of the Family Law Act sets out circumstances when families do not have to attend family dispute resolution services before applying to a court. The grounds relate to:
- there being abuse or a risk of child abuse if there was a delay in applying for an order, or
- family violence or a risk of family violence by one of the parties.
The Notice of Risk is a mandatory form which must be used by any person who files an Initiating Application or Response in the Federal Circuit Court seeking parenting orders on or after 12 January 2015.
It is also the prescribed notice when allegations for the purposes of subsections 67Z(2) or 67ZBA(2) of the Family Law Act 1975 are raised on or after 12 January 2015.
If you tick 'yes' to question 2 of the Notice of Risk, the prescribed child welfare authority must be provided a copy of the form by the Registry Manager who may provide such other court documents and information as is required to enable investigation of the contents of the Notice of Risk.
The form also fulfils the court's obligation under paragraph 69ZQ91)(aa) of the Family Law Act 1975.
See Rule 22A.02 of the Federal Circuit Court Rules 2001
The Family Law Act 1975 requires parties to attend family dispute resolution before they apply for parenting orders (except as outlined above).
The Notice of Risk replaces the Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4) in the Federal Circuit Court.