Neglect and Parenting Matters
Neglect occurs when a child is not provided with adequate food or shelter, medical, treatment, care, nurture or supervision. Significant physical harm can be caused to a child as a result of neglect. Neglect can also have damaging effects on the child’s social, psychological, educational or emotional development.
The refusal or failure to fill a child’s basic needs will be considered within the context of the family’s circumstances. It may be a factor in the Department of Child Protection becoming involved and seeking orders in respect of the child. Neglect by one parent may also be a determinative factor in a decision by the Federal Circuit and Family Court to make Parenting Orders that the child live with the other parent and/or that the other parent have sole long-term decision-making authority.
Why does neglect occur?
There is no single cause of child neglect. Children may be neglected for a number of reasons, these include:
- Various addictions for example drugs, alcohol etc.
- Parent not able to cope
- Relationship difficulties
- Anger management issues
- Post Traumatic Stress Syndrome
- Mental illness
These are serious matters which the Court will consider, and the Court will only make parenting orders that are in the best interests of the child and help protect the child from harm.
How a court determines what is in a child’s best interests
Section 60CC of the Family Law Act 1975 outlines how a court determines what is in a child’s best interests and therefore how the Court should make Orders regarding the care of children.
Notably, section 60CC(2)(a) specifies that a Court must consider what arrangements would promote the safety (including safety from being subjected to, or exposed to family violence, abuse, neglect, or other harm). Where there are concerns by a parent regarding the risk of harm to a child, such concerns must be addressed promptly in the prescribed Court forms.
Notice of Risk form
When filing an application for Final Parenting Orders, or a Response to Final Orders, parties are required to file a Notice of Child Abuse, Family Violence or Risk form.
A Notice of Child Abuse, Family Violence or Risk form is used in parenting cases to tell the Court about concerns that a child or parent may be unsafe because of abuse, neglect, family violence, or other risks. The form helps inform the Court as to the best way to progress the matter and whether any special protections might be required.
While physical signs (such as bruises) or changes in the child’s behaviour may be a cause for concern, these indicators have also been seen in children who have not been subjected to neglect. If you have concerns for a child’s safety and well-being contact the Department for Child Protection to discuss your concerns on 1800 622 258.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
