NSW Family Court - When will Final Hearing Date be Given?

[Steve1905]

HI All,

My question is how long does it take to get your final hearing date in the family court?

Interim orders were made in April and a final hearing set for 3 days but no word on when that will be. Given I'm asking for relocation and 50/50, I know the ICL and the ex's legal aid will push the settled argument harder the longer this drags out.

Thank you in advance.

 

[AllForHer]

Unfortunately, we can't provide much help on this one. Matters being heard in the Parramatta registry have wait lists of up to three years, while Brisbane is more like 12 months (or less).

Ridiculous, I know, but the Court is over-burdened and under-resourced, and it probably won't change until there's some legislative reform.

What you can do in the meantime is continue trying to negotiate an outcome via consent orders, especially if you're self-represented. It's better than sitting on your hands waiting for a trial date that will probably get pushed back by the time it rolls around.

 

[Steve1905]

Thanks All For Her,

I'm in the Sydney court. She refused mediation. Legal aid have tried dispute resolution and it failed. My offer was 50/50 with both parents living in Sydney. She refuses to move back to Sydney so it failed.

I know she has been told to drag it out to get a good settled argument that's why I asked how long it would take. I consented to the interim orders as I need the family report which can only be ordered by a judge.

Hopefully it won't take 2 years. It's very hard trying to keep him in touch with both sides of the family with only every 2nd weekend visits.

 

[AllForHer]

Is either party represented by Legal Aid?

Any chance you can relocate closer to the child?

 

[Matthew Lynch]

Did the interim orders permit the relocation?

 

[Steve1905]

I have two other sons that live with me. One does his hsc next year and the other the following year so moving is out. It also takes those 2 away from the rest of our family which would be unfair. Legal aid are representing my ex as she does not work.

At the beginning of dispute resolution Legal aid and the icl say uprooting my son from where he is back to Sydney would be too much seeing he has lived away for over a year. Towards the end they suggested everyone move to a central location. I pointed out their hypocrisy and that pretty much ended dispute resolution.

The interim orders were made after she moved due to the lengthy wait for mediation and a hearing. The orders do not allow her to move without court approval.