Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 - REG 13.04A

Consent parenting orders and allegations of abuse, family violence or other risk factors

         (1)   This rule applies if an application is made to the Court for a parenting order by consent in relation to a family law proceeding.

         (2)   The parties must advise the Court whether or not any of the following allegations have been made in the proceeding:

                (a)    allegations of child abuse or neglect, or a risk of child abuse or neglect;

               (b)    allegations of family violence, or a risk of family violence;

                (c)    allegations of mental ill-health that is alleged to adversely impact on parenting capacity;

               (d)    allegations of drug or alcohol abuse;

                (e)    allegations of serious parental incapacity;

                (f)    any other allegation involving a risk to the child.

         (3)   If an allegation mentioned in subrule (2) has been made, the parties must explain to the Court how the parenting order attempts to deal with the allegation.

         (4)   If the application for the parenting order will be considered in chambers, the parties must attach to the draft parenting order the approved form signed by each party or their legal representative.



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