In Australian family law, the term “unacceptable risk” designates a circumstance in which a judge finds that permitting a child to interact or spend time with a certain parent presents an unreasonable risk to the child’s welfare. This concept is commonly associated with parenting orders in cases of separation, where the court must decide on the child’s living arrangements and contact with each parent. 

This concept is particularly relevant in parenting disputes, as the court’s consideration is always in the best interests of the child. The term “unacceptable risk” in family law encompasses a range of factors that may jeopardise the safety, welfare, or best interests of the child. These risks can include, but are not limited to, issues such as domestic violence, substance abuse, neglect, or any behavior that could potentially harm the child physically or emotionally.

In the realm of family law in Australia, the determination of a child’s best interests is enshrined in Section 60CC(2) of the Family Law Act 1975 (Cth). This section outlines a set of factors that the court must consider in order to make decisions that protect the well-being of the child, with a particular focus on any potential risk of harm.

Section 60CC(3) of the Act provides that the court must also consider the factors set out in section 60CC(4) when determining whether there is an unacceptable risk of harm. These include an analysis of the risk of harm including:

  • The nature of the risk of harm

  • The degree of the risk of harm

  • The extent to which the child would be exposed to the risk of harm.

  • The capacity of the parent or other person to protect the child from harm.

If it is determined that spending time with one parent poses an unacceptable risk to the child, the court may modify the parenting orders accordingly. This could involve supervised visitation, limitations on communication, or, in some cases, restrictions on contact altogether.

It is important to note that considerations of unacceptable risk in family law are complex and depend on the specific circumstances of each case. Legal advice from a qualified family lawyer is recommended for anyone navigating family law issues in Australia.

About Quill Legal

At Quill Legal we innovate, educate, and plan to evoke excellence and confidence. Our principal solicitor, Shams, and his team are focused on delivering an honest, first-class service. With Quill legal by your side, you have lawyers who will passionately listen, advise and advocate your rights from start to finish.

Read Our Google Reviews
5.0 Star Rating

Would you like to book a
Free Consultation?

Simply fill out this form below and one of our staff members will be in touch within 24 hours

    What our clients
    say about us

    Lovly! YT

    A big thank you to Quill Legal for all their hard work relating to my family matter.

    An absolute awesome team lead by Shams. You weren't just my solicitors, you were also my shoulder I could lean on. You took on my very complex case and got me the outcome I hoped for. A big thank you to Cindy. You, Shams and the team are an absolute gem!!

    Fynn Bricknell

    I would strongly recommend anyone seeking legal advice to contact the team at Quill Legal. Thank you so much!

    I was recommended to speak to Shams from Quill Legal by a friend after he had seen how upset I was about loosing my drivers licence. Shams and the team guided me through the process of appealing my licence suspension in court. He listened to me and answered any questions I had during the case. The process was smooth and the team was professional and very easy to work with.

    I have recommended Quill Legal services to multiple friends and colleagues all of which have had shared the same fantastic experience.

    Daniel Moy

    I was stressed out about a complex traffic infringement. I reached out to Shams at Quill and that stress went away.

    Jennifer was given my case and touched base with me constantly. I was never left wondering what was going on with my case. At court jennifer was professional and got up and did an amazing. The best possible outcome was achieved for me. It was a such a relief to hear the words come out of the judges mouth. I walked out of court a happy man. It was all because of the team at quill. If you haven’t pick up the phone and called Shams, Jennifer and the team at quill to represent you, then you called the wrong law firm.

    Diwa Venkata

    Shams is very professional and empathetic legal practitioner.

    I recently used his services for a family law case. He is thorough and understands the situation and provides apt advice. I was able to resolve my issue within no time and thanks to his meticulous service. Highly recommend Quill legal for anyone looking for family law services.

    Jay Varma

    Highly professional, responsive

    Jennifer and team helped me in one of my hardest times in life related to personal matter in family, the outcome was positive which help me come out mentally, emotionally, professionally strong. Thank you!

    Clayton Bricknell

    Shams and his team were 'the rock' when they handled my Family Law Matter.

    He was always available to discuss options that we formulated or were presented, approachable either in his office or over the phone and very reasonable in terms of the costs that related to my matter. Shams is the right person and Quill as a firm, to consider should you have the need to progress with your own Family Law matter. Thank You Shams!

    Amanda Louise

    Quill Legal helped me gain control of my life again.

    I can't thank Shams and the entire team enough for getting justice for me. They are all so helpful, determined, professional and supportive. I wish I could rate Shams and his team higher than 5 stars for what they have done for my family. Best lawyers in Sydney!

    Mark Moretti

    Professional, friendly, great advice , fully transparent

    We Help Solve Your Legal Issues

    With Quill Legal in your corner, you can be assured of a lawyer who has a passion for getting to know you and your circumstances. This enables our team and our partners to provide the best possible service for you and your family.