Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 10.15A

Consent parenting orders and allegations of abuse or family violence

             (1)  This rule applies if an application is made to the court for a parenting order by consent.

Application made orally in a current case

             (2)  If the application is made orally during a hearing or trial, each party, or if represented by a lawyer, the party's lawyer:

                     (a)  must advise the court whether the party considers that the child concerned has been, or is at risk of being, subjected to or exposed to abuse, neglect or family violence;

                     (b)  must advise the court whether the party considers that he or she, or another party to the proceedings, has been or is at risk of being subjected to family violence; and

                     (c)  if allegations of abuse or family violence have been made--must explain to the court how the order attempts to deal with the allegations.

Other applications made in a current case

             (3)  If the application is made in a current case by lodging or tendering a draft consent order, each party, or if represented by a lawyer, the party's lawyer:

                     (a)  must certify in an annexure to the draft consent order whether the party considers that the child concerned has been, or is at risk of being, subjected to or exposed to abuse, neglect or family violence;

                     (b)  must certify in the annexure whether the party considers that he or she, or another party to the proceedings, has been or is at risk of being subjected to family violence; and

                     (c)  if allegations of abuse or family violence have been made--must explain in the annexure how the order attempts to deal with the allegations.

Application when there is no current case

             (4)  If the application is made when there is no current case, each party, or if represented by a lawyer, the party's lawyer:

                     (a)  must certify, in the Application for Consent Orders, whether the party considers that the child concerned has been, or is at risk of being, subjected to or exposed to abuse, neglect or family violence;

                     (b)  must certify, in the Application for Consent Orders, whether the party considers that he or she, or another party to the proceedings, has been or is at risk of being subjected to family violence; and

                     (c)  if allegations of abuse or family violence have been made--must explain, in the Application for Consent Orders, how the order attempts to deal with the allegations.



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