QLD Add a new interim order verbally in courtim

Discussion in 'Family Law Forum' started by sleebea, 3 March 2019.

  1. sleebea

    sleebea Member

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    Hi

    I filed an initiating application in October 2018 in the federal Circuit Court. The response was filed the Friday before the scheduled first duty list hearing on the next Wednesday.

    I already filed both interim and final orders.

    The judge ordered an 11F family child inclusive conference which was held on the Tuesday after the Wednesday hearing date.

    The report is already in and we go back to court for further hearing next Friday.

    I want to ask the judge to consider a new interim order which I didn’t already ask for before. How do I do this?

    Or do I try and present this new order to the other party on the day in the form of an agreement that he sign and the judge can make it an interim consent order?

    Or do I have to lodge a special form. Which one and by what day does it need to be filed.

    Also, I need to show the judge that I have started working on my parenting issues and arranging visitation for the father privately. I have a certificate and emails of registrations to present. Also emails I have sent to the father stating I am waiting on him to register with the visitation contact centres and it is now up to him to keep the ball rolling. I haven’t heard back from the father as to whether this has been done.

    Do I need to present these emails etc in another affidavit. If I file the affidavit on Wednesday afternoon will it be too late for the court to take the affidavit into account because it is less than 48 hours til the time of the next court date?
     
  2. sammy01

    sammy01 Well-Known Member

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    So what is the need for the visitation centre? is there an avo involved?
    What is the order you want added? I think your best bet is to get agreement from dad
     
  3. Jake Matherson

    Jake Matherson Well-Known Member

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    Or do I try and present this new order to the other party on the day in the form of an agreement that he sign and the judge can make it an interim consent order?
    Yes. That is the easiest way to do things. If you think he is likely to accept the order willingly and you're able to communicate with him. Talk it over write up a word document, print it out and both sign it on the day before walking into court.
    Brig it up with the Judge/Registrar and if they agree they will make the order by consent.

    If he is not going to agree then I believe you need to file an application in case. I'm not a lawyer someone will correct me if i'm wrong. But this doesn't sound like it's going to suit your situation without knowing what you're seeking.

    Do I need to present these emails etc in another affidavit.
    For the avoidance of any doubt its easy to write up a short affidavit with your emails, certificates etc. get it stamped, file it online and email it to the other party.
    48 hours notice is normal in Family Court and it is likely the court will have it printed out on the day but for your/their convenience you might choose to print out an extra copy to hand to them just in case.
     
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