Annexure to proposed consent parenting orders (current case)

When parties in an existing family law case ask the court to make parenting orders by consent, rules 5.29 (interim orders) and 10.05 (final orders) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 require them to tell the court whether any allegations of child abuse, family violence or risk of harm have been made in the proceeding, whether each party considers the child or a party is at risk, and, if so, how the proposed orders deal with that risk. Where a draft parenting order is lodged, handed up at a court event or considered in chambers, the parties meet that obligation by attaching this approved form, signed by each party or their lawyer (rr 5.29(6)(a), (c), 10.05(6)(a), (d)). The court uses it to check that consent orders are safe for the children before making them.

When you need it

• Parenting proceedings are already on foot and the parties have agreed on interim or final parenting orders.
• You are lodging signed proposed consent orders with the court, handing them up at a court event, or asking for them to be considered in chambers.
• Not where there is no current case: the Application for Consent Orders is used instead, and it contains its own risk questions (r 10.05(6)(c)).

1. 1

   Part A - who is completing it

   Enter the applicant's and respondent's names. Tick one section only: either you are the lawyer for a named party, or you are the party yourself.

2. 2

   Part B I and II - risk declarations

   For the children (I) and for the parties (II), tick the statement that applies: no allegations have been made in filed documents, reports or subpoenaed material; not at risk; no longer at risk with all risk issues addressed; or at risk with all risk issues addressed.

3. 3

   Part B III - where allegations were made

   Unless you ticked that there are no allegations at both I and II, answer yes or no for each type of risk (child abuse or neglect, family violence, mental ill-health, drug or alcohol abuse, serious parental incapacity, other) and list the filed documents, reports or subpoenaed documents where they appear, with page or paragraph references.

4. 4

   Part C - explanation

   In numbered paragraphs, explain briefly how the proposed orders address the allegations and risks and promote the safety of the children and of each person who has or will have their care.

5. 5

   Part D - Independent Children's Lawyer

   Complete only if final orders are sought and an Independent Children's Lawyer is appointed. Say whether the ICL has met the children and given them a chance to express their views, or why not (under 5, the children did not want to, or exceptional circumstances).

6. 6

   Sign and date

   Part B must be completed by the person who signs. Sign, date and print your name.

• Each party, or their lawyer, completes and files a separate copy of the annexure unless the court advises otherwise.
• Attach the annexures to the back of the original proposed consent orders signed by the parties before filing, as the form instructs.
• A Notice of child abuse, family violence or risk must also be filed by each party where the form's note says so, for example when new allegations have been made since the application or response was filed (see also r 2.04).
• Check the court's family law fee schedule for any fee that applies to the consent orders being sought.

• Do not leave Part B blank because there are no allegations. The rules require each party to advise the court whether or not allegations have been made (rr 5.29(3), 10.05(3)).
• Give exact references in Part B III. The court has to be able to find each allegation in the file quickly.
• Part C should explain the arrangements in the orders, such as supervised handovers, rather than restate the allegations.