By Elizabeth Pathmaraj – Senior Associate
In circumstances where parents are unavailable to care for children due to death, critical injury, or incarceration relating to family violence, urgent Court orders for parenting arrangements may be needed.
On 3 June 2022 the Federal Circuit and Family Court of Australia announced the establishment of a Family Law Critical Incident List (List) to deal with these types of family law matters.
The List will enable Court Orders to be made for children in these situations at a faster rate than if the normal Court pathway is used.
What is the Family Law Critical Incident List?
The List is a fast-tracked process to help families who need to make appropriate arrangements for children where circumstances mean no parent is available to care for the children.
A few examples of parenting matters that may be appropriate for the List include:
- Where a child’s parents have passed away (including in cases of murder or suicide).
- Where a child’s parents are not available due to a critical injury.
- Where a child’s parents are not available because they have been placed in prison because of family violence.
When will the List start?
The List commenced on 6 June 2022 and is now available for matters that meet the criteria.
Where is the List available?
The List is available in all states and territories, excluding Western Australia. It is managed by Justice Jacoba Brasch.
How can you file in the Critical Incident List?
To file in the Critical Incident List, you need to submit the following documents to the Federal Circuit and Family Court of Australia via email:
- Initiating Application or an Application in a Proceeding (if there are current court proceedings).
- Affidavit – the affidavit must address how the criteria for the Critical Incident List are met.
- Notice of Child Abuse, Family Violence or Risk.
What is the benefit of the List?
The benefits of the List include:
- A “fast-tracked” process.
- An exemption from complying with the pre-action procedures, meaning applications seeking urgent parenting Orders in these difficult circumstances can be made more quickly.
- An exemption from filing a Genuine Steps Certificate and Parenting Questionnaire, helping to minimise legal costs.
Is a Section 60I Certificate required?
Parties can seek to file in the List without a Section 60I Certificate on the basis of urgency. Parties must still seek an order for exemption from filing and the urgency of the matter should also be detailed in the supporting affidavit.
How was the List developed?
The List was developed by the Family Violence Committee of the Federal Circuit and Family Court of Australia and the Queensland Homicide Victims Support Group working together.
The media release from the Court is available at: https://www.fcfcoa.gov.au/news-and-media-centre/media-releases/mr030622
If you have any questions about whether the Critical Incident List may be appropriate in the circumstances of a child you are seeking to care for, or if you have already started Court proceedings in the Critical Incident List and would like to have a discussion with one of our lawyers, please call us on (03) 8672 5222.
