Risky Business: Isles & Nelissen & considerations in parenting cases involving allegations of unacceptable risk

Prior to the Full Court decision of Isles & Nelissen [2022] FedCFam1A 97, the pathway to be followed in unacceptable risk cases was murky, with multiple lines of potentially conflicting authority as to assessment of probability vs possibility of unacceptable risk, and the standard of proof to be applied in assessing this. The case stated in Isles clarified the law on the point and provided a road map for answering these questions.

This CPD will review the decision in Isles and subsequent decisions which apply the law arising, while discussing practical ways to approach unacceptable risk cases.

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