Notice of child abuse, family violence or risk

Rule 2.03 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 makes this notice the approved form for sections 67Z and 67ZBA of the Family Law Act 1975, which require a party or independent children's lawyer who alleges child abuse, family violence or a risk of either to file a notice and serve a true copy on the person said to be responsible. Rule 2.04 requires anyone who applies for, or responds seeking, a parenting order to file the notice with their application or response, whether or not they make any allegation. If the notice alleges that a child has been abused or is at risk of abuse, the Registry Manager must notify a prescribed child welfare authority (s 67Z(3)). The form also asks each party the safety questions the court must put to them (now s 102NH(1)(a) and (b) of the Act, as the note to r 2.03 explains).

When you need it

• You are filing an Initiating Application (Family Law) or a Response to Initiating Application that seeks parenting orders, including parenting and property orders together (r 2.04).
• You are filing an Application for Consent Orders that includes parenting orders.
• You have already filed a notice but have since become aware of new facts that may be child abuse or family violence. File a new notice and an affidavit (r 2.06).
• Your parenting case has been transferred to the Federal Circuit and Family Court from another court and you have not filed one. File it before the first court date there (r 2.07).
• Do not file it where only property or financial orders are sought.

1. 1

   Part A: about you

   Give your name, date of birth, gender, whether you are the applicant or respondent and your relationship to the child. Give an address for service and email unless it is unsafe to do so. A lawyer preparing the form inserts their name, lawyer code and firm details.

2. 2

   Part B: the children

   List each child, oldest first, with date of birth and residential address. If the child is in an undisclosed location for safety reasons, the instructions explain how to deal with the address instead of writing it in.

3. 3

   Parts C to H: the risk questions

   Answer yes or no to each topic: child abuse or neglect (C), family violence (D), drug, alcohol or substance misuse (E), mental health issues (F), abduction or threats to harm (G) and any other concerns (H). Where you answer yes, name the person and their relationship to the child and say what harm or risk you mean.

4. 4

   Part I: describe the allegations

   Give specific details of each event: what happened, when, and any action taken (police, doctor, school). Start with the most recent and work backwards. The instructions ask you to keep each section to about 350 words.

5. 5

   Parts J, K and L: orders and attending court

   Part J asks what orders you want to protect the child and yourself (these should also appear in your application or response); skip it for consent orders. Part K is only for consent orders and asks how the proposed orders deal with any risks raised. Part L asks whether you need safety arrangements at court, such as a secure room or attending by video.

6. 6

   Sign the statement of truth last

   The statement of truth is on page 1. Sign it only when every question is answered and you have checked the form is accurate; it must be signed before the form can be filed.

• eFile the notice with your other documents through the Commonwealth Courts Portal.
• If the notice includes an allegation of child abuse, family violence or risk of harm to a child, file an affidavit stating the evidence for each allegation no later than the notice itself (r 2.04(2)). This does not apply to a notice filed with an Application for Consent Orders (r 2.04(3)).
• Serve a sealed copy on each other party, any independent children's lawyer, and anyone named at questions 7 or 14 who is not a party. Ordinary service under Parts 2.6 and 2.7 of the Rules applies.
• If you answer yes at question 6 or 13e, the registry manager must give a copy of the form to the relevant child welfare authority, with any other court documents needed for an investigation.

• Attach any orders, agreements, injunctions or undertakings from other courts (questions 12 and 18) to your application, response, consent application or affidavit, as the instructions say. Rule 2.10 separately requires copies of family violence orders to be filed.
• Give dates, places and what was seen or heard rather than general statements. The court and the other party will rely on what you write as true.