QLD Application for varied Consent Orders - DVO Form Applicable?

[KMac83]

Trying to help my Fiancé with an application to change the existing Consent Orders.

The Application Form (Consent_Orders_KIT) States;
At Part F on pages 7-10, if you are seeking parenting orders, have you provided separate information for each child? Has the applicant completed a Notice of child abuse, family violence or risk form? This form must be filed with the Application for Consent Orders when seeking parenting orders.

The Notice of child abuse, family violence or risk form was completed and attached with the original orders.
(The Applicant of the new consent orders is NOT the protected party of the DVO).

Does the Notice of child abuse, family violence or risk form need to be done again for the 2nd application to the court?
If so, does the Applicant for the Consent Orders need to complete this form? Or does the Applicant of the DVO (i.e. protected party) complete this form and attach as the Respondent response to Q25 C?
If the Applicant for the Consent Orders needs to complete this form, can the original risk form completed at time of initial Consent Orders just be attached? (As no details have changed here)

Fiancé is hesitant to complete the Notice of child abuse, family violence or risk form as the first section is a 'Statement of Truth' and he does not believe the details submitted for the DVO application are true.

 

[Atticus]

Note that my comments are of a general nature only based only on information you have provided.... If you are unsure, you should get professional legal advice & guidance in completing your application.

If there is a DVO in place, it needs to be declared at Q12, & a confirmation that the orders sought in the application are consistent with the DVO

Does the Notice of child abuse, family violence or risk form need to be done again for the 2nd application to the court?

Yes... All applications need a new NOR

If so, does the Applicant for the Consent Orders need to complete this form?

Yes

Or does the Applicant of the DVO (i.e. protected party) complete this form and attach as the Respondent response to Q25 C?

The respondent has the opportunity at Q25 to claim any risk... They do not need to attach a NOR form.

If the Applicant for the Consent Orders needs to complete this form, can the original risk form completed at time of initial Consent Orders just be attached? (As no details have changed here)

No... All new applications require an updated NOR

Fiancé is hesitant to complete the Notice of child abuse, family violence or risk form as the first section is a 'Statement of Truth' and he does not believe the details submitted for the DVO application are true.

The statement of truth is just attesting that the information HE has provided in the NOR form are true. It does not mean he accepts also that any allegation made in a DVO application is true ..... Very often, a DVO is accepted without admissions.
Unless the DVO was handed down as a result of a contested hearing or resulting from charges where the accused was found guilty, then they remain just allegations.

 

[KMac83]

Thanks Atticus
One more question if I may. If the existing Consent Order state, “That the children shall live with and spend time with the father at all times as might be agreed in writing between the mother and the father, but failing written agreement, from…” If they have conversational agreement over email, even agreeing to the date in which the new orders need to take effect, does this constitute "agreed in writing"?

Can email evidence be uploaded to the Family Court Order as some type of addendum without needing to go through full application form, etc. again?

 

[Atticus]

If the existing Consent Order state, “That the children shall live with and spend time with the father at all times as might be agreed in writing between the mother and the father, but failing written agreement, from…” If they have conversational agreement over email, even agreeing to the date in which the new orders need to take effect, does this constitute "agreed in writing"?

The terms 'live with' & 'spends time with' are normally used in orders to delineate a primary carer (lives with) from the other parent. It could potentially cause unnecessary complications to use both terms in relation to one parent... Any communication in writing could be accepted as an agreement AS LONG AS the terms outlined are CLEARLY accepted by both parties & clearly agreed to.

Also, any written agreement IS NOT a new order, it is simply an agreement to depart from a section of the current order for an agreed length of time .... Section 64D of the Family Law Act states how a parenting order is subject to a later parenting plan .... Be VERY clear in your wording that any agreement in writing that departs from the current order is intended to do so only for the period of time you wish.

Can email evidence be uploaded to the Family Court Order as some type of addendum without needing to go through full application form, etc. again?

You don't need to lodge an agreement for it to take affect. It just needs to be dated & preferably signed by both parents. It may be worth considering including in the agreement a review date after which the parties must revert back to the current order unless a further agreement is entered into.