QLD What Happens in Family Court?

[Migz]

Hi All,

Just a weird question. Is it possible to have the Interim Orders heard first on the intial court day and the Final Orders heard second in Family Court? As I believe this would affect the outcome of the case.

Can anyone help on the process that takes place on court day?

Thanks

 

[Sophea]

Do you mean the arguments for the final and interim orders or the order that the judge announces the orders?

 

[AllForHer]

Generally speaking, final orders aren't "heard" until trial. A trial is different to an interim hearing. An interim hearing - where interim orders are usually made - is very brief, there's no testing of the evidence, it's basically a fast assessment of the situation and then you're on your way with new directions for the Court, such as attending mediation or a parenting course. There are usually several interim hearings in the course of a matter, and often several interim orders made, too.

A trial doesn't ordinarily occur until long after the first interim hearing, sometimes up to three years later. It involves cross-examination of the witnesses to test the credibility of the parties. When final orders are made after trial, they are final - unlike interim orders, they won't change in future unless the Rice & Asplund threshold is met.

 

[Stevie_Beavie]

Rice & Asplund threshold

What does this mean?

 

[MartyK]

What does this mean?

In the simplest of terms, it is a test, derived from principles taken from the case of Rice v Asplund (a case almost some 40 years old now) that the Courts use to determine if orders should be revisited (not reheard) following final orders being made.

To meet the test, a party needs to show that there has been a significant change in circumstances since the time that the original orders were made.

The underlying purpose of needing to meet this threshold, being to reduce further litigation of parties but moreso to reduce further systems abuse of the children i.e. Prolonged protracted disputes of parents is in contradiction to the 'best interests' principle.

Whether the threshold is met or not, however, is largely a matter of Judicial discretion based on all of the facts before them.