Family law and family violence in Australia have become a topic of considerable discussion and concern. In 2011, the definition of family violence set out in the Family Law Act 1975 was amended to include coercion and control and the definition of abuse amended to include the wording “serious psychological harm.”
The definition of family violence in Section 4AB (1) of the Act 1975 reads:
“…violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member) or causes the family member to be fearful.”
Section 4AB (a) also provides a number of examples of behaviours which the Act considers family violence. These are:
Family violence can also consist of exposing a child to any of the above behaviours.
Under section 67Z of the Family Law Act, the Court must be notified if a parenting matter involves allegations of family violence or child abuse. An interested person in proceedings must notify the Court if one of the parties to the proceedings has already committed family violence, or if there is a risk of family violence being committed by one of the parties by filing the Notice of child abuse, family violence or risk.
An interested person in proceedings is a party to the proceeding, an Independent Children’s Lawyer who represents the interest of the child in the proceeding, or a person who is not a party to the proceeding.
This is a mandatory form that must be filed with any Initiating Application, Response to Initiating Application or Application for Consent Orders seeking parenting orders. You can obtain the form from the Federal Circuit and Family Court of Australia website.
AussieLegal offers a range of family law services, including the preparation of your Application for Consent Orders. Let our experienced paralegals help you with the drafting of both your parenting and financial orders. Moreover, this service includes independent legal advice and certification for both parties in full compliance with the Court.
Call us on 1300 728 200 to discuss your situation with one of our consultants.
