The guidance draws on the statutory text and recent court practice materials and legal aid advice current as at 2026. It does not replace specialist legal or safety guidance, and readers with immediate risk should contact police or family violence services without delay.
Quick answer: what section 60CF requires
Section 60CF imposes a statutory obligation on parties in parenting proceedings to inform the court and other parties if family violence or child abuse is relevant to the case, unless they have a reasonable excuse.
The Act sets the duty in clear terms and the consolidated text shows the provision as current law at the time of writing, so parties should treat the obligation as active in proceedings before the family courts, including case management steps that follow from disclosure or non-disclosure. Family Law Act consolidated text See the Michael Carbonara website.
Courts treat the obligation seriously because disclosure can affect decisions about who has parental responsibility, and whether particular orders are safe for a child.
Failure to tell the court when family violence or child abuse is relevant may lead to case management consequences or other procedural responses in that matter. AustLII consolidated section 60CF
Where the rule comes from: the statutory text and who it covers
The duty appears in section 60CF of the Family Law Act 1975 and the Federal Register of Legislation publishes the consolidated version of the Act, which includes the current wording and the statutory caveat about a reasonable excuse. Family Law Act consolidated text For broader context see the parliamentary overview on the family law system here.
The provision applies in parenting proceedings in the family courts, meaning parties in matters where parenting orders are sought are generally bound by the disclosure obligation unless the legislation or the court accepts a reasonable excuse.
Section 60CF requires parties in parenting proceedings to inform the court and other parties if family violence or child abuse is relevant, unless there is a reasonable excuse; courts then consider such disclosures alongside the best-interests test and shared parental responsibility rules when deciding orders.
The term relevant covers family violence or child abuse that is material to the court deciding parenting arrangements, and the Act leaves assessment of the contours of relevance to judicial officers in context.
The Act itself recognises that a party may have a reasonable excuse for non-disclosure, and courts assess that excuse on the facts of each case rather than by a fixed rule. AustLII consolidated section 60CF
How courts use section 60CF with the best-interests test and shared parental responsibility rules
Courts read section 60CF alongside the best-interests framework in section 60CC and the shared parental responsibility provisions in section 61DA so that disclosures about family violence inform whether shared parental responsibility or equal time arrangements are appropriate. Federal Circuit and Family Court practice guidance
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Consult the practice guidance and legal aid information to understand how courts manage family violence evidence in parenting cases.
In practice, where family violence or child abuse is substantiated or supported by reliable evidence the courts will prioritise child safety and may decide against orders that require equal shared parental responsibility or frequent contact that creates risk.
The Federal Circuit and Family Court practice materials emphasise assessment of objective evidence and risk, and they explain how findings, protection orders and police records feed into decisions under the best-interests test. Federal Circuit and Family Court practice guidance
Practical steps if family violence or child abuse is relevant to your case
If family violence or child abuse is relevant to a parenting matter, begin by collecting contemporaneous records such as police reports, protection orders and medical records because these documents are commonly recommended by legal assistance services and court materials. Legal Aid guidance on family law and family violence
Prioritise immediate safety: contact police if someone is at imminent risk, and consider applying for an intervention order or protection order through the relevant state or territory process as soon as it is safe to do so, because urgent protection steps are routinely advised alongside court disclosure obligations. Practical guidance on protective orders is available from the President of the Family Division’s guidance on non-molestation orders here.
If disclosure to the court is delayed for safety reasons, keep records of the reasons and any attempts to report or seek help so the court can understand whether a reasonable excuse exists for later disclosure. Legal Aid guidance on documentation and safety
What types of evidence courts find persuasive
Objective official records such as police reports, protection orders and child-protection files are frequently treated as persuasive because they record contemporaneous steps taken to address risk. Victorian government practical guide on family violence and parenting orders
Third-party statements from professionals, witness statements from family friends or carers, and contemporaneous notes kept by a parent can support credibility when paired with objective documents.
Medical records and child-protection reports can show injury, treatment or agency involvement and are therefore important types of evidence to collect and bring to legal appointments. Victorian government practical guide on evidence
organise key documents for a legal appointment
keep copies and originals if available
Absence of a police report does not mean concerns are ignored, but courts and services place particular weight on contemporaneous, verifiable records when assessing risk and credibility. Legal Aid guidance on evidence
Common errors, case-management consequences and ‘reasonable excuse’ issues
Common mistakes include delaying disclosure without documenting why, relying only on informal accounts, or failing to seek immediate protective measures when it is safe to do so; these practices can weaken a party’s position in case management. Legal Aid guidance on common errors
Court materials show that non-disclosure can lead to case management responses, which may include hearing directions, additional orders to manage risk, or, in some cases, procedural sanctions depending on the facts. Federal Circuit and Family Court practice guidance
The statutory phrase reasonable excuse is assessed on the evidence and context of each case, and courts will consider safety concerns when examining why disclosure did not occur earlier. AustLII consolidated section 60CF
Policy context and recent practice trends
Recent policy and academic commentary highlight a shift toward risk-based assessments in parenting cases instead of presuming that equal shared parental responsibility is appropriate where family violence or child safety risks exist. AIFS policy and research overview More commentary is available on our news page. Also see ALRC analysis of information flow to the family law system here.
Practice directions and court guidance issued through 2024 to 2026 have reinforced the focus on child safety and the use of objective evidence in deciding parenting orders. Federal Circuit and Family Court practice guidance
Open questions remain for practitioners and parents about how procedural changes and evolving practice notes affect timing of disclosure and the assessment of what counts as a reasonable excuse in complex safety situations. Victorian government practical guide
Next steps: getting legal help and safety support
Seek specialist family violence and family law advice early, and use Legal Aid resources as a first practical step if you need information on options and local services. Legal Aid guidance on getting help or contact Michael Carbonara.
For immediate danger, contact police and use local family violence services or emergency accommodation where available; these measures are separate from but complementary to court disclosure duties. Federal Circuit and Family Court practice guidance
Prepare documents before meeting a lawyer or a duty lawyer by assembling police files, protection orders, medical records and a timeline of events, and bring copies to appointments to help the lawyer advise on disclosure and safety planning. Legal Aid guidance on preparing documents
You must disclose family violence or child abuse that is relevant to parenting proceedings unless you have a reasonable excuse; if safety is an immediate concern, contact police and family violence services first and record why disclosure was delayed before seeking legal advice.
Objective records such as police reports, protection orders and medical or child-protection records are commonly persuasive, while contemporaneous notes and third-party statements can support credibility when combined with official documents.
Courts may respond through case management, which can include directions to disclose, protective orders, or procedural consequences; courts assess any claimed reasonable excuse based on the facts of the case.
This article aims to explain the duty in plain language and to point readers to practice guidance and legal aid materials for the next steps. For safety-critical questions, contact police and local family violence services first.
