Significant risk of harm refers to the probability or potential that a child may experience severe physical, emotional, or psychological harm.
In Australia, this risk is evaluated by the Family Court of Australia by considering a set of criteria to determine whether intervention is necessary to protect the child, whether it be in a case of divorce or separation, or involving both parents.
These factors include:
- Evidence of Abuse or Violence: Any evidence or reasonable suspicion of physical or sexual abuse of a child, or familial violence directed at the child or a member of the child’s family.
- Family Violence Exposure: The child’s exposure to family violence, either directly or indirectly.
- Parent-Child Relationships: The child’s relationship with each parent and other significant people in their life, including the child’s siblings and extended family members.
- Parental Capacity: Each parent’s ability to provide for the child’s physical, emotional, and educational needs.
- Child’s Developmental Needs: The child’s developmental needs and level of maturity
- Parental Cooperation: The level of cooperation and communication between the parents, and any history of conflict or acrimony between them
- Parental Promotions of Best Interest: The capacity of each parent to promote the child’s best interests, and to maintain a positive relationship with the other parent (unless it is not safe or practical to do so).
In addition to these factors, the court may also consider any reports or assessments provided by professionals who have evaluated the child and their circumstances, such as psychologists, social workers, or family consultants. These reports may then be utilised by the court to assess the child’s level of risk.
If the court determines that there is a considerable risk of harm to the child, it may issue orders to ensure the child’s safety and well-being. These orders may include:
- Limiting or Prohibiting Contact: Restricting or prohibiting contact between the child and the parent who poses a risk of harm.
- Living Arrangements: Ordering the child to live with a certain parent or family member who can offer a safer environment.
- Supervised Visits: Mandating that all contact between the child and the high-risk parent be supervised by a third party to protect the child’s safety.
- Protective Measures: Additional measures may be implemented, such as requiring the at-risk parent to attend counselling, parenting classes, or comply with specific risk-mitigation conditions.
- Monitoring and Assessment: Creating a structure for continuous monitoring and periodic assessment of the child’s situation to ensure their sustained safety and well-being.
The court’s primary objective is to ensure the safety and wellbeing of the child, prioritising these over all other considerations. When a risk of harm is identified, the court’s decisions are governed by the principle of acting in the child’s best interests, which includes both immediate and long-term safety and stability.
Furthermore, the court may take into account any cultural, religious, or linguistic considerations pertinent to the child’s development, ensuring that the child’s identity and heritage are recognised and protected, while adhering to the enforced safety measures. This holistic approach ensures that the child’s overall well-being is fully preserved in both short and long term.
When new evidence or changes in circumstances emerge, the court retains the authority to alter or update its orders to better reflect the child’s needs and best interests. This method allows for a responsive and adaptive legal framework that can accommodate shifting family dynamics and the child’s developmental progress. If you are concerned about a child’s safety or need more information on how to navigate these issues, it is crucial to seek professional advice. Quill Legal’s Family law experts can provide valuable guidance and support. Contact us today.
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