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Legal matters

DBS Check

8 replies

cleoismycat · 09/07/2013 15:22

I have been seeing someone for 6 months whom I trust fully (we were friends before this) and who very occasionally will look after my 5 year old whislt I am at a meeting locally. My xh hates this person and believes he is the reason our marriage ended (he is not). We are now writing up a consent order for our divorce and he says he wants anyone who is not family to have a DBS check before they can babysit for our dd now and in the future. My current partner has accepted a caution for a pub brawl several months ago caused by my xh. I do not have to accept this in a consent order do I? My current partner also has 2 children. Thanks for any help.

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OldLadyKnowsNothing · 09/07/2013 15:34

Of course you don't have to accept that, it's completely unenforceable for starters! Loads of teenagers babysit for a bit of cash, are they all supposed to be checked, or does he just not want your dp looking after his child? Children are much more likely to be harmed by family anyway, why exclude them from his controlling check ups?

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cleoismycat · 09/07/2013 15:37

It is just my dp. A court would realise this is riduculous right?

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cleoismycat · 09/07/2013 15:37

what is legally binding in a consent order other than financial matters?

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OldLadyKnowsNothing · 09/07/2013 15:41

I'm sorry, I'm not a lawyer, but I should think the point of a "consent order" is that you both agree to be bound by the terms in it, so all of it. I can't see a court saying you have to have background checks on temporary carers; say he nips round to play in anither child's home, will the parents/older sibs need checked? It's a nonsensr.

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Collaborate · 09/07/2013 19:28

A consent order deals with financial matters only. End of story.

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Catmint · 09/07/2013 19:32

The disclosure and barring service would not accept applications for checks under these circumstances, I think.

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prh47bridge · 09/07/2013 21:56

There is no way that he can put this in the consent order. It is about financial matters only.

And Catmint is right. DBS checks are only available to employers and only for specific types of job. You cannot get a DBS check for your partner nor can you get a DBS check for your next door neighbour's daughter if you ask her to babysit (assuming you have a next door neighbour with a suitable daughter!).

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cleoismycat · 11/07/2013 10:03

thanks for the advice. i will put him straight!

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