QLD Asking for interim orders - self represented

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AllForHer

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23 July 2014
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This is very hard to predict.

On one hand, there’s a 15-year-old (and possibly an 11-year-old) here whose views would have some sway to the Court. The Court knows kids will eventually vote with their feet, so it doesn’t tend to impose stringent orders on kids who are, at least in the case of the 15-year-old, so close to the age of majority anyway.

On the other, there’s two younger kids whose views will be much less persuasive, and even if the 15-year-old does tell a report writer that he wants to live with Dad, the two younger kids’ views will have a lot less weight, and that enormous 3.5-year space of virtually no contact means the Court may not put much weight in any of their views anyway.

Getting time with the kids will be easy enough - you’ll most likely be looking at at least half school holidays without any issues. I don’t think it would be incremental increases like others have suggested - we are talking about older kids and a Dad who was presumably involved for 12 years leading up to the relocation. I don’t know that a 15-year-old or 11-year-old would have forgotten anything about their dad in his 3.5 years of absence. The 8-year-old might be a bit hazy, but with the presence of the older two, they should cope just fine with a block of 7 to 10 days away from mum every three months.

But residency in the circumstances seems unlikely. The Court won’t likely see it in the children’s best interests to reverse residency after 3.5 years of no contact, and in fact the Court will likely see your inaction against no contact as implied agreement.

You can try for residency, of course, but I just don’t think you will get it.
 

thatbloke

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5 February 2018
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In my experience of helping well over 20 people in actual court and also running a group that has 150 members no court goes straight from no contact to half the holidays in a 2nd interim hearing.

You do have the benefit of age with a couple of the kids but it also depends on what Mum is saying and why it should not happen. Your chances of instant success would have greatly improved if you would have gone to court after your first mediation but for whatever reason a lot of time has passed and unfortunately do consider the passage of time when allocating time at interim hearings or mentions

Happy to be proved wrong op.. but please do not get your hopes up. If it happens..congrats and it is a bonus
 
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thatbloke

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5 February 2018
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What does the initial report say? What issues does it raise?
 

AllForHer

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23 July 2014
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In my experience of helping well over 20 people in actual court and also running a group that has 150 members no court goes straight from no contact to half the holidays in a 2nd interim hearing.

Hahaha, mad credz.
 

nat 2015

Well-Known Member
8 February 2017
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In my experience of helping well over 20 people in actual court and also running a group that has 150 members no court goes straight from no contact to half the holidays in a 2nd interim hearing.

You do have the benefit of age with a couple of the kids but it also depends on what Mum is saying and why it should not happen. Your chances of instant success would have greatly improved if you would have gone to court after your first mediation but for whatever reason a lot of time has passed and unfortunately do consider the passage of time when allocating time at interim hearings or mentions

Happy to be proved wrong op.. but please do not get your hopes up. If it happens..congrats and it is a bonus
Do courts make same orders for a 2 yr old and a 15 yr old and 14 yr old, i am just curious?
 

sammy01

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27 September 2015
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no hard and fast rules on that one... They don't like splitting kids.... And the thinking goes the presence of older kids can help younger ones settle... I'd like to think that the older kids will be reason for more time than the younger kid being reason for the older kids to have less time..

But no hard and fast rules
 

nat 2015

Well-Known Member
8 February 2017
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no hard and fast rules on that one... They don't like splitting kids.... And the thinking goes the presence of older kids can help younger ones settle... I'd like to think that the older kids will be reason for more time than the younger kid being reason for the older kids to have less time..

But no hard and fast rules
Oh ok
 

Nonfiction

Well-Known Member
17 May 2018
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Victoria
Hi
First I apologise if this is a frequently asked question.

I have applied for interim & final orders in the fed circuit court. I am self represented - ex has legal aid funding.

After the first court date, ex had not submitted her response to my application so the judge gave her a date for that and ordered a child inclusive conference which has been completed & memorandum received.

We have another court date next week.
Our children are 15, 11 and 8. They have all expressed strong views of wanting to live with me.

I believe a family report will be ordered as the family consultant has strongly suggested it, but I don’t know how to go about getting interim orders in place.

Please note I live approx 12hrs from my kids - not my choice, the mother moved away without my consent 3.5 years ago. There is no agreement of visitation either, there are no orders or custody - ex claims I can’t see kids until an order is put in place. I have not seen them for 3.5 years. I decided to lodge with courts to get something done in the best interest of our kids.

Thank you for any help
Dave

Court date next week. School holidays soon approaching. Previous close relationship with the children...notwithstanding the recent significant period of physical absence.

Although I cannot positively assure you will be successful...I would say if there are no safety concerns and the 11F is in favour of the children spending time with you, it may be of some benefit for you to present an argument to the Court next week for a few nights with the kids over the coming school holidays. Be prepared to offer to pay for the kids return flights to you and/or your own travel expenses and accommodation for you and the kids where they live (this visit).

I cannot see the Court reversing the residence of the kids, especially when you have been absent from their lives for 3.5 years, but then again, without knowing all the facts, as mentioned in some other comments, such things can be difficult to predict.
 

thatbloke

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5 February 2018
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I'd like to think that the older kids will be reason for more time than the younger kid being reason for the older kids to have less time..
I wish i shared your optimism :-D