Notice of Child Abuse or Family Violence - Form 4
This is a mandatory form.*
This form is to be used
(a) when allegations of child abuse or risk of child abuse are made and a prescribed child welfare authority must be notified of the allegations (Section 67Z of the Family Law Act 1975), or
(b) if, in a case where an application is made to the court for a Part VII order in relation to a child, a person alleges that there has been abuse of a child or family violence or there is a risk of abuse of a child or family violence and the allegation of aubse, family violence or risk of abuse or family violence is relevant to whether the court should grant or refuse the application (Section 60K of the Family Law Act 1975, and Rule 2.04A of the Family Law Rules 2004).
Section 4(1) of the Family Law Act states as follows:
Abuse, in relation to a child, means:
(a) an assault including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or
(b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person.
A family violence order is an order (including an interim order) made under a prescribed law of a state or territory to protect a person from family violence. Family violence means conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family to reasonably fear for, or reasonably to be apprehensive about, his or her personal wellbeing or safety.
Note: A person reasonably fears for, or reasonably is apprehensive about, his or her personal wellbeing or safety in particular circumstances if a reasonable person in those circumstances would fear for, or be apprehensive about, his or her personal wellbeing or safety.
Making copies of the form for filing, service and yourself
The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.
Filing fee
Nil
What you file with this form
Nothing
Who you serve
Each party to the case
The person who is alleged to have abused the child, or exposed the child to family violence
The person from whom the child is alleged to be at risk of abuse or family violence
Any independent children's lawyer
Note: The Registry Manager must provide a copy of the Form 4 to the prescribed child welfare authority
How you serve this form
By ordinary service. The Service Kit provides instructions on how to do this.
What is filed in response
Nothing
In completing a Court form, you must*
Use the Court's prescribed form (available on this page).
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.
* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.
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