QLD Family Court - What to Expect in Ex Parte Hearing?

Discussion in 'Family Law Forum' started by Jake Matherson, 15 June 2018.

  1. Jake Matherson

    Jake Matherson Well-Known Member

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    Hey guys and girls.

    I have submitted my Initiating application containing interim and final orders, affidavit, notice of child abuse and a letter to the registrar. I have applied to the Family Court of Australia as my case is more complex than usual.

    My affidavit / annexes are quite comprehensive due to the mother's suicide attempts causing hospitalisation, ice addiction, physical violence towards me, police involvement - the list goes on. All of this documented with photos, videos, audio recordings, written and signed apology documents from her to me outlining the issues.

    The mother located the child's new daycare, removed the child and has not returned the child. I understand that due to there not being current orders the mother was within her rights to do this legally. However, it is not in the best interest/safety of the child, so I have applied for Ex-parte hearing including recovery orders.

    I had a lawyer help me write all of these documents so I am confident that the content is appropriate for me to submit.

    Unfortunately due to costs I will now be representing myself.

    Should I be granted the Ex-parte hearing I requested and receive a court date in the near future due to the urgency how should I prepare myself for that initial court appearance?

    Will it just be the judge and myself and his orders based on the strength of my submitted documents over and out in 5 mins like others suggest a first hearing goes or will I need to have prepare myself for some lengthy interrogation and make a lot of notes and be intimately familiar with all of my paperwork so that I don't stumble on a question?

    I am struggling to find examples of people talking about their own experiences with regards to Ex-parte court sessions.

    Thanks.
     
  2. Jake Matherson

    Jake Matherson Well-Known Member

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  3. sammy01

    sammy01 Well-Known Member

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    Can you give us some history... How long was the child in your care? How often was mum seeing the child?

    Mate - I think you rock up, answer the Judges questions and hope they sort a recovery order.

    I'm interested in how you go, but no personal experience...
     
  4. Jake Matherson

    Jake Matherson Well-Known Member

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    Thanks Sammy,

    No formal orders in place from January (date of separation)to May as she just kept refusing to answers my offers of parenting plans both from myself and my lawyer. However we did manage 50/50 parenting it just wasn't formalised.

    Then S#*^ hit the fan and she attempted suicide, was hospitalised for it etc.
    So in the interests of the child I decided it was not safe for him to return to her care until there was formal orders in place ensuring the child's safety.

    After 3 weeks of 100% care with me she located the new daycare facility i had enrolled the child in, probably by calling all of the places in the local area until she found the child.
    During this 3 week period I was in the process of finalising my paperwork to have formal order sorted it just didn't get finished in time.

    With the help of the police she was able to convince the daycare facility that she was the biological mother and remove the child from the facility whilst i was at work.

    I have now not seen the child for 3 weeks going on 4. My papers have been submitted I'm just waiting for the courts to give me a date which is hopefully sooner rather than later due to the best interests of the child etc.
    She has packed up and moved house and wont disclose the address to me or my family just to make things difficult. (Still in the local area not interstate)

    I am aiming for sole parental responsibility, and supervised visitation for her on top of the recovery order and potential location order now if needed.

    I will keep you posted on the proceedings as all help with the steps involved is appreciated.
     
  5. Jake Matherson

    Jake Matherson Well-Known Member

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    Update:

    For anyone applying for an ex parte hearing because you feel the matter is urgent and there is a risk of your partner running away with the children or causing harm to them self or the children.

    Today marks 1 week since I filed papers with the courts and I have not heard anything back as of yet.

    For the uninitiated such as myself nothing moves quickly in the court system even when you think there is a valid reason for it to do so.

    Therefore if you fell you need to get things done don't mess around. Get in and do it because the process is going to take weeks/months even when you would like it to take hours/days.
     
  6. Jake Matherson

    Jake Matherson Well-Known Member

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    Update:
    My affidavit was rejected due to the amended annexure rule 15.08 as of 1 March 2018. I was not allowed to annex documents to my affidavit and file them with the initiating application.
    Must have slipped my lawyers mind when preparing my documents.

    I will need to re-submit my affidavit omitting the wording related to annexing documents.

    I have been given a directions hearing (by telephone) 3 weeks from the date of submitting my initiating application.
    This seems to be closer than people would normally expect first contact from the courts so I think my request for urgent listing has been granted but nothing official to confirm that.

    Also nothing to state that It will proceed ex-parte as requested however I haven't been told to serve the other party so I think I can assume this directions hearing will be without the other party involved.

    So now I'm just waiting for a phone call and see what the court has to say I guess.
     
  7. thatbloke

    thatbloke Well-Known Member

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    A three week telephone hearing is most definitely an urgent hearing and COULD be ex parte unless you tell us you have been ordered to serve anyone else
     
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  8. Jake Matherson

    Jake Matherson Well-Known Member

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    Update:

    I have confirmed the directions hearing by telephone will proceed without the other party.
    I will speak with a registrar (I think) and they will decide if the case should proceed urgently and get me before a judge without the other party ASAP.

    Alternatively they could ask me to serve the other party and get things going the normal way but if this was the case I suspect the directions hearing would not be so close.

    So I just have to hurry up and wait.

    I will keep you posted.
     
  9. thatbloke

    thatbloke Well-Known Member

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    Good luck! Go buy a lottery ticket too.....Make sure you read the rules on ex parte hearings/applications 12.1 to 12.5 FAMILY LAW RULES 1984
     
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  10. Nonfiction

    Nonfiction Well-Known Member

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