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Independent children’s lawyer

Wherever there are allegations of child abuse or family violence, s 67ZBB of the FLA requires the court to take “prompt action” in cases where a person applies for parenting orders. Such allegations usually appear in the mandatory Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4). Where such allegations allege that there has been abuse of the child, or risk of such abuse, or there is a risk of family violence by one of the parties, the court can order that a child be independently represented: see s 68L(2) of the FLA. The court has well established principles as to when such an order should be made: Re K (1994) 17 Fam LR 537.

See Independent children’s lawyer.