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ApplicationApplication - Draft Consent Parenting Orders and allegations of abuse or family violence

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When is this form used?

Pursuant to Rule 13.04A this form is approved for use when parties ask the Court to make a consent order in existing parenting proceedings in chambers.

General Information

Parties are required to tell the Court whether or not there have been in the proceedings any allegations of child abuse, neglect, family violence, mental ill health, drug or alcohol abuse, serious parental incapacity or any other allegation involving a risk to a child and, if so, how the consent order attempts to deal with those allegations. This will ensure that issues which might pose a risk to the child or children are brought to the attention of the Court. The Court will determine whether the proposed arrangements are appropriate in all the circumstances and do not expose the child to an unacceptable risk of harm.

It is expected that practitioners and litigants will address the issues by way of brief oral submissions when consent orders are sought to be made in Court, in the same way oral submissions are made when consent property orders are sought.  When orders are to be made in chambers the above approved form must be used.

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Page Updated 15 May 2012