Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Ex Contravened Family Court Orders - Move Trial Date Up?

Discussion in 'Family Law Forum' started by David Pan, 31 July 2016.

  1. David Pan

    David Pan Active Member

    Joined:
    31 July 2016
    Messages:
    7
    Likes Received:
    0
    Is there anyone I can email that can help speed up the process of getting a court date for trial. My ex contravened family court orders regarding my contact with my children. I have been having contact with my children at a supervised contact centre as ordered by the courts until the courts can make a date for trial. I have been seeing my children for 2 years at contact centres awaiting this date.

    Thanks.
     
  2. Matthew Lynch

    Matthew Lynch Lawyer
    LawTap Verified Lawyer

    Joined:
    18 July 2016
    Messages:
    93
    Likes Received:
    9
    When is your court date roughly? How many months?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. David Pan

    David Pan Active Member

    Joined:
    31 July 2016
    Messages:
    7
    Likes Received:
    0
    I don't have one. The courts ordered a family report it was done the end of 2014. Then set a date for affidavits and such and was supposed to be back in court November 2015 but that was put back to after Christmas and I am stilll waiting.
     
  4. Matthew Lynch

    Matthew Lynch Lawyer
    LawTap Verified Lawyer

    Joined:
    18 July 2016
    Messages:
    93
    Likes Received:
    9
    So did you go to Court after Christmas? Did you receive any Orders or Directions about when your case would be listed again?

    If Orders or Directions have not been complied with and you think a hearing date is necessary then to get a hearing date you should file an Application seeking a hearing date. You will need to explain to the Judge why your case is ready to go to hearing. If the Judge does not think it is ready to go to hearing then further Directions would be made about what you need to do to get it ready for hearing.

    Your much more likely to get a hearing date if you are represented.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. David Pan

    David Pan Active Member

    Joined:
    31 July 2016
    Messages:
    7
    Likes Received:
    0
    I am represented by legal aid and the solicitor tells me they check the portal regularly though a date has not been given. I just thought that perhaps an email to the attorney general or local member of parliament might help.
     
  6. Matthew Lynch

    Matthew Lynch Lawyer
    LawTap Verified Lawyer

    Joined:
    18 July 2016
    Messages:
    93
    Likes Received:
    9
    You can try that approach although I am not sure how effective it will be.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. David Pan

    David Pan Active Member

    Joined:
    31 July 2016
    Messages:
    7
    Likes Received:
    0
    OK, thanks for your replies Matthew. At the moment anything is worth a try. I have been in and out of the courts for almost 8 years and each time, I loss contact with the children for a year or more while I wait to get to see someone.
     
  8. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,762
    Likes Received:
    246
    I'd be hitting your legal rep up for more than just 'check the portal'. How long since you have seen your kids? Mate, I'd ask the legal aid solicitor and then I'd ask to speak to their boss.
     
  9. David Pan

    David Pan Active Member

    Joined:
    31 July 2016
    Messages:
    7
    Likes Received:
    0
    I have been seeing them for a hour and half at a supervised contact centre once a fortnight for the past 2 years while waiting for a trial date.
     
  10. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
Loading...

Share This Page

Loading...
gt;