NSW Family Court - Can Interim Orders Become Permanent?

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finoallefine43

Well-Known Member
26 January 2017
23
1
124
Hi - me and my ex are back in court this Wednesday, 6 weeks after interim orders were put into place...I have lodged x2 affidavits mainly to deny her allegations of domestic violence.

Long story short - her case is all about me and her where my argument is purely for the girls and stability...

Would the judge most likely make interim orders permanent this week and how much do they take a child dispute memo into consideration (where my ex has again made a lot of false allegations...)?

I have tried to reason with her so we could avoid putting the children (almost 6 years old) through being assessed by the child dispute team but she is pulling rank and for her it all seems to be about turning everything into a fight for supremacy. One of us has to "give in" or take a step back to take a step forward otherwise we risk putting the children through this and ultimately letting someone independent make a decision for us.

I only want to resume our 5 on 5 off agreement that worked from last Sept/Jan but she and as per interim orders has me seeing them alternate weekends Fri-Mon, every Wed night overnight and the weekend I don't have the girls I collect them from school fri until 7pm when she collects them.

The previous arrangement only was interrupted when she "withheld the children for nearly 3 weeks" which in effect gave her an unfair advantage and as I chose to take them out of school and keep them off school for 3 days it gave her the chance to apply for a retrieval order and then speed the process up into court.

The lawyer I was using advised me to sign the interim orders agreement otherwise risk seeing the girls on supervised visits because of my ex's allegations and so I didn't want to take that risk and signed it but also on the basis that this week there would be a chance to defend myself and try and get a fairer outcome.

Also I have decided to represent myself in family court - the same as my ex did at the initial hearing....
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Interim orders won't be made into final orders unless they're argued to be in the best interests of the children at trial.

If your next hearing is an interim hearing (which it would be if it's not listed as a trial), then final orders won't be made.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Forgive me, but your interim orders are for five nights a fortnight and a Friday afternoon, right?

That's pretty good...
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Take the 5... I'm assuming that includes half school holidays..... Is it really worth the grief for the sake of 2 more nights a fortnight?

Three thoughts

- my kids worked out that 5 a fortnight wasn't fair. They worked out it was mum's fault - kids are not stupid

- 5 a fortnight is ok. My kids started seeing my place as a break from all the time at mum's.


- is it worth it? If you were not seeing your kids at all then YES. But for 2 more nights a fortnight - let it go...
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Would the judge most likely make interim orders permanent this week...

The only way the Interim orders will be made into Final Orders, at this time, is if you either both reach an agreement about the orders and ask the Court to make them into final orders by consent, or, after your matter goes to trial. From what you have said, I assume the former is unlikely.


finoallefine43 said:
and how much do they take a child dispute memo into consideration (where my ex has again made a lot of false allegations...)!!!!

Will depend on what issues were raised and if the Court feels they need further exploration.

finoallefine43 said:
The lawyer I was using advised me to sign the interim orders agreement otherwise risk seeing the girls on supervised visits because of my exes allegations and so I didn't want to take that risk and signed it but also on the basis that this week there would be a chance to defend myself and try and get a fairer outcome.

I think your lawyer was wise here (and you), especially if it was looking as though the alternative would have been supervised time. Moving forward from 5/9 to 50:50 will be a lot easier, also. Although, just keep in mind, that if the matter goes to trial there is no guarantee that the previous arrangement of 5 nights on 5 nights off will eventuate.

Perhaps spend some time thinking about orders for special occasions etc. if there are none as yet for these.

Good luck
 

Trying68

Well-Known Member
29 March 2017
32
1
121
56
Tamworth
Hi - me and my ex are back in court this Wednesday, 6 weeks after interim orders were put into place...I have lodged x2 affidavits mainly to deny her allegations of domestic violence.

Long story short - her case is all about me and her where my argument is purely for the girls and stability...

Would the judge most likely make interim orders permanent this week and how much do they take a child dispute memo into consideration (where my ex has again made a lot of false allegations...)?

I have tried to reason with her so we could avoid putting the children (almost 6 years old) through being assessed by the child dispute team but she is pulling rank and for her it all seems to be about turning everything into a fight for supremacy. One of us has to "give in" or take a step back to take a step forward otherwise we risk putting the children through this and ultimately letting someone independent make a decision for us.

I only want to resume our 5 on 5 off agreement that worked from last Sept/Jan but she and as per interim orders has me seeing them alternate weekends Fri-Mon, every Wed night overnight and the weekend I don't have the girls I collect them from school fri until 7pm when she collects them.

The previous arrangement only was interrupted when she "withheld the children for nearly 3 weeks" which in effect gave her an unfair advantage and as I chose to take them out of school and keep them off school for 3 days it gave her the chance to apply for a retrieval order and then speed the process up into court.

The lawyer I was using advised me to sign the interim orders agreement otherwise risk seeing the girls on supervised visits because of my ex's allegations and so I didn't want to take that risk and signed it but also on the basis that this week there would be a chance to defend myself and try and get a fairer outcome.

Also I have decided to represent myself in family court - the same as my ex did at the initial hearing....
Good luck