The Federal Circuit and Family Court of Australia (“FCFCOA”) have created a fast-tracked process to provide appropriate arrangements for children when no parent is available as a result of death, critical injury, or incarceration relating to family violence.
The Family Law Critical Incident List commenced on 6 June 2022 and is available for people in each state or territory other than Western Australia.
Family violence is a national disgrace
The Honourable Will Alstergren, Chief Justice of the FCFCOA has stated:
Family violence is a national disgrace, and far too often, results in the death of a parent at the hands of their partner or former partner. Australia has witnessed too many situations in which children are left without the care of their biological or legal parent following the murder of one parent and the death or incarceration of the other…
It is an extraordinarily tragic and stressful time for the children involved, and the extended family members who are suddenly left to pick up the pieces and care for the children and make arrangements for their health and education…
The Court has established the Critical Incident List following consultation with the QHVSG, and we thank them for their assistance and work in providing support to victims of crime.
How does it work?
The applicant must satisfy the following criteria:
- the applicant is a non-parent caring for the child or children;
- there is no parent available to care for the child or children as a result of death (including homicide), critical injury or incarceration relating to or resulting from a family violence incident;
- the applicant is seeking orders for parental responsibility to enable appropriate arrangements to be made for the child or children (for example, authorities to engage with schools and health care providers, and this may or may not include an order for the child or children to live with the applicant); and
- there are no existing final family law or state/territory child welfare orders in place which relate to the child or children’s care arrangements with a non-parent or allocating parental responsibility of the child/children to a non-parent.
Where the National Assessment Team considers the application and the criteria have been met they will allocate a first listing date and time for application before the judge in charge within seven business days, subject to demand and availability of judicial resources.
Do you or a loved one need help?
If you need assistance with a matter of this nature now or in the future contact the family law team at Miller Harris Lawyers on 07 4036 9700 and we will assist you in making your application.