VIC What is leave of court?

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Familylaw101

Well-Known Member
25 January 2019
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Hi,

Parent A and parent B have a final parenting order made in January 2018 made before the Family courts.

Currently there are proceedings before the court by parent A against parent B to do with schooling for the children. Parent A has just realized after commencing proceedings against parent B that they cannot provide the school with the final parenting orders made in January 2018.

Parent A is now asking Parent B for permission to consent to "leave of court" stating it is to give the final parenting orders to the school involved.

So what exactly does "leave of court" mean and does it simply delay the current proceedings or does it stop them altogether?
 

Migz

Well-Known Member
20 November 2016
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43
719
If the orders pertain to the Children that attend the school, then both parents are at liberty to supply the school with a copy of the final orders to go onto the child(s) file.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
How I interpret what you have written.

Substitute the word "Leave" with "Permission" it's just fancy lawyer / court speak.

Parent A is asking Parent B if they will consent to Parent A asking the court for Leave (permission) to give the school the final parenting orders.

If you both agree this specific problem will go through court faster and an amended order can be made quickly.

Example Request:
The Father is seeking leave of court to attend the child's school and obtain the child's records.

Example court order:
The Father is granted leave to contact the child's school and obtain all records.
 

Familylaw101

Well-Known Member
25 January 2019
30
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121
Example Request:
The Father is seeking leave of court to attend the child's school and obtain the child's records.

Example court order:
The Father is granted leave to contact the child's school and obtain all records.

So because the matter regarding schooling is currently going through the courts is this why parent A is most likely asking for permission from Parent B?

From what I know Parent A is currently seeking permission to give both schools of the children involved a final parenting order? If the schooling matter (Parent A doesn't agree with the current school one of the children is attending even though it a top performing school and no school fees are paid on their behalf) is before the courts is this why parent A needs permission to show the schools a parenting order?

Just doesn't make 100 percent sense to me any other way.

Thank you for your answer so far, makes a lot more sense I'm just trying to get my head around things.

So court processes currently underway will not be delayed to do with children's schooling either way?
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Based on this "Parent A has just realized after commencing proceedings against parent B that they cannot provide the school with the final parenting orders made in January 2018" from your original post.

For whatever reason I suspect your current orders do not explicitly state that Parent A is allowed to give them to the school.

For example my current orders state
"That the parties are granted leave to provide a copy of the parenting agreement to the child’s school"

So I suspect parent A is asking you if you would agree to making a change to the current orders allowing them to give a copy of the orders to the school.

I believe this is the case someone will correct me if i'm wrong. I'm not a lawyer.

If you both agree you can write up a consent order which will say something along the lines of can we please add one additional order to our current orders that allows us to give the school the paperwork.
As these are consent orders and you both agree and have signed off on them, they get emailed to the court and are heard in the chambers without you having to attend because you both agree and it's a simple thing.
he court will decide if they are happy to make the change and if so add it to your orders and send you out a new copy.

This will happen independently of your already running court case. It won't affect the dates you already have.

All of this is assumption based on interpreting what you have said which is still a little unclear to me having not seen what they exactly said to you but this is my best guess at whats going on with regards to
"Parent A is now asking Parent B for permission to consent to "leave of court" stating it is to give the final parenting orders to the school involved."
 

Familylaw101

Well-Known Member
25 January 2019
30
0
121
Based on this "Parent A has just realized after commencing proceedings against parent B that they cannot provide the school with the final parenting orders made in January 2018" from your original

Makes perfect sense,
So if parent A has been handing the final parenting orders to the children's schools before getting permission off parent B is this a contravention or something that is wrong by the court?
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
If the orders don't explicitly state that they are allowed to give the order to the school then its best they did not. It appears that they are trying to rectify this.

All of your court documents Affidavits, Family Reports, etc... are for the parties to the case eyes only unless there is clear permission from the court to give them to someone for instance a doctor or school etc.

Will they get in trouble by the court if you say something about it. Probably not.
I don't know exactly what they have shown the school but they might have felt it was important for the child's safety or something.
In my situation my Ex went to my kids school and took our child and then I didn't see the kid for four months. The first thing I did when I had a court order saying mum isn't to attend the child's school is make sure the school had a copy.

So if the orders you have don't bother you and you're fine with them being given to the school consent to allowing this to happen and move on it doesn't appear to be a big problem.