Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - REG 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.

         (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 that no allegations of child sexual or other physical abuse or risk of abuse ( abuse ) or family violence have been made in:

                          (i)    any document filed or exhibited in the proceedings;

                         (ii)    any report prepared for the proceedings; or

                        (iii)    any document subpoenaed to the court in the proceedings; or

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

         (3)   For any other application other than an application under paragraph 10.15 (1) (b), each party, or if represented by a lawyer, the party's lawyer:

                (a)    must certify in an annexure to the draft consent order that no allegations of abuse or family violence have been made in:

                          (i)    any document filed or exhibited in the proceedings;

                         (ii)    any report prepared for the proceedings; or

                        (iii)    any document subpoenaed to the court in the proceedings; or

               (b)    if allegations of abuse or family violence have been made -- must, in the annexure, identify each document containing them and explain how the order attempts to deal with them.



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