Case conduct by parties and family violence

Case conduct by parties and family violence

In every case, a party or parties MUST:

1. If a party to proceedings is aware a family violence order applies to a child or a member of a child’s family, they must advise the court and file a copy of the family violence order. [Section 60CF(1), Rule 2.05(1)]
2. Where a copy of the family violence order is not available, file a written notice containing:
   • an undertaking to file the order within a specified period of time
   • the date of the order
   • the court that made the order, and
   • the details of the order. [Rule 2.05(2)]
3. If a party to proceedings is aware that the child or a member of the child’s family is under the care of a person under a child welfare law, inform the court of the matter. [Section 60CH(1)]
4. If:
   • a party to proceedings is aware that the child or a member of the child’s family has been the subject of:
     1. notification or report to a prescribed state or territory agency, or
     2. an investigation, inquiry or assessment by a prescribed state or territory agency, and
   • the notification, report, investigation, inquiry or assessment relates to abuse, or an allegation, suspicion or risk of abuse that party must inform the court of the matter. [Section 60CI(1)]
5. If a party, an independent children’s lawyer or other interested person (see definition at footnote 14) makes an allegation of family violence by one of the parties to the proceedings, or of risk of family violence by one of the parties to the proceedings, and that allegation is relevant to whether or not the Court should make or refuse to make an order, file a Notice and supporting affidavit setting out the evidence upon which the allegations in the Notice are based and serve the notice and affidavit upon the person against whom the allegation is made. [Section 67ZBA(1) and (2), Rule 2.04D(1), Rule 2.04D(2)]
6. Where a party to the proceedings, an independent children’s lawyer or any other interested person alleges that a child to whom the proceedings relate has been abused or is at risk of abuse, they must file a Notice and supporting affidavit setting out the evidence upon which the allegations in the Notice are based and serve the notice and affidavit upon the person who is alleged to have abused the child or from whom the child is alleged to be at risk of abuse. [Section 67Z(1) and (2), Rule 2.04D(1), Rule 2.04D(2)]

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