VIC First court appearance in 4 weeks, what can we expect?

[Keeks]

Hi there - I've just stumbled upon these pages and have felt compelled to read my way through many of your posts. I'm glad there are so many generous souls out there who take the time to share their experience with the community.

It's great to get qualified legal advice (albeit at $400 an hour) but there's nothing like learning from people who have been through the very journey we now find ourselves on at the moment.

My husband has a first court date in a month and I was interested to hear about your experiences of timing around the court matters.

Our primary lawyer/barrister is representing my husband in the Federal Circuit Court. It's to request an increase in care of three children. The initiating application is for both final orders and interim orders.

Forgive my ignorance here, but I'm after some real basics about the process:

1. How long on the day?
2. Do we need to prepare anything over and above the affidavit info for the judge?
3. Will my husband be questioned on the day?
4. What are likely steps following the court appearance? And timing for events to follow?

I've been quietly impressed with how quickly things seem to be moving, considering all the horror stories I've heard about other people's experience with the courts. We were allocated the court date 5 weeks after submitting the papers.

If the interim orders are granted on the first court date, are they expected to be implemented immediately by the parents?

I've noted date lags on the published outcomes on the Federal Circuit Court webpage compared to the hearing date - does this mean that nothing might be decided on the day but an interim finding could be made months later?

Also after any nuggets of wisdom from other wives and stepmums about how I might be most effective/supportive on the day and following? I've mostly been cheering from the sidelines and doing the legwork on research up til now, but I'm conscious that this matter is primarily between my husband and his ex-partner and I don't want to be cause for any other points of disagreement if I'm perceived to be involving myself excessively in the matter.

Thanks in advance!!

 

[Migz]

Yes Victoria seems to be quite pro-active in family court matters compared to the backwards state of QLD, that just drags it out for ever, and Father seem to end up with alot more quality time with their children in Victoria as well.

1. How long on the day? If you guys are walking in with a Barrister, then know doubt the Judge will probably afford you upto 15 to 20 minutes of time, other than that you generally end up with your 5 to 10 minutes.
2. Do we need to prepare anything over and above the affidavit info for the judge? For your first hearing you will have needed to fill out your Initiating Application, Notice of Risk, Affidavit and accompanying Annexures, all filed and served.
3. Will my husband be questioned on the day? The judge may ask one or two questions, but if you have a Barrister, they will be doing all the talking.
4. What are likely steps following the court appearance? And timing for events to follow? Depending on the childrens ages, the Judge will most likely ask you to carry out a Family Report (between $0 - $7,000), he/she will set the matter aside for another 3 to 6 months for that to take place, he/she may ask you to carry out Lawyer Appointed Mediation, and he/she may also ask both parents to carry out "Parenting Courses" which can run from 4 to 20 weeks. Welcome to "the system" hopefully you get your interim orders granted on the day, keeping in mind that for this to happen in QLD both parties must agree, which why court drags on for years until trial...

If the interim orders are granted on the first court date, are they expected to be implemented immediately by the parents? Yes, the day they are red stamped. Your Barrister if they are any good, will do alot of negotiation in the Foyer of the Court house with the other party, prior to entering the court room.

If you can afford the Barrister for your first hearing, then do so, I would like to relive my scenario with a Barrister at the first hearing and see if the outcome would be any different.

 

[Jake Matherson]

Migz's sums everything nicely.

Your first appearance is 99.9% based on the paperwork the parties have submitted + a few bonus questions thrown in on the day to keep yo on your toes.

For instance rather than reading through the paperwork to find what they are looking for the Judge might ask you directly what the current care arrangements are. The questions wont be difficult and as your husband is represented he wont be doing the talking.

If your husband and the Ex agree on the Interim Orders this will make things easier.
My Ex refused to accept an offer made outside the courtroom and then received a worse deal inside.
So if something reasonable comes your way in this interim period it might be worth thinking about as it could be 6 months before you have another chance to update the current orders.

 

[Keeks]

Thanks for the speedy replies guys. All very helpful.

I suppose most people experience 'freak out' moments when going down the family law route, so it's pretty comforting for us to hear about your relatively average/normal experiences. I've lost count of the number of friends who have told me at great length about a family law case they heard of once that cost $200,000 and went for three years. Hopefully that's the exception for most of us...

We've requested a family report for the interim orders which I think will be a hugely positive thing for all parties involved - the kids haven't had much agency in any of this, and I have seen glimpses of times when that has frustrated them. They just don't have the words yet to to bring their voice to the table.

I swear, if I had my time again as an eager uni student I'd study psychology or law - either to understand why people do the things they do, or the knowledge to stop them doing the things they do!

 

[Jake Matherson]

No pressure or anything but it is absolute crucial that you nail the Family Report.
From the moment you walk in the room you're assessed. For instance are you dressed suitably, more importantly are the children (this can be noted in the report). How do they respond to you, do you interact with them appropriately for their age etc...

The Family Report is pretty much the first thing you get that formally gives a recommendation to the court about the family dynamic.They don't care about Mum or Dad, just whats best for the kids and in my personal experience whatever they say goes.

The judge will reads this recommendation and be like yeah okay we will run with that see you in 6 months for an update. Just a heads up.

 

[Keeks]

The family report is my next focus for research - thanks for the heads-up.
Is there a chance that (as stepmum) I'll also be interviewed for the family report? I've been in a relationship with my partner for 3 years and we got married a few months ago. Over that time we've all settled into a comfortable family life - even if it is mostly just on weekends - and I consider myself a key adult in the children's lives.

 

[Jake Matherson]

Yes. I would say that it is likely that you will be required to participate given that you're married and heavily involved.

Even if you're not formally requested to go you would attend with your husband regardless so as to show support and sit in the waiting room patiently.

You would note what I said about being on assessed from the moment you walk in the door. Walking in solo to a "Family Report"..... Mr Keek's what's your relationship status. I'm married. Where is you're wife? Why is she not here?
You see where i'm going with this.

You haven't mentioned how old the kids are but you said they haven't had a voice at the table yet so i will assume they are a little older.
During the Family Report there will be times that the Report Writer will be interviewing the Ex and someone needs to look after the kids. That's where you come in also.

 

[sammy01]

So what is child access like atm? What do u guys want?

 

[Keeks]

Some more deets - children are aged between 9 and 13, current arrangement (without any formal documentation or orders) is one night a week with dad, live with mum. We're seeking 50/50 for final, 5/9 for interim.
We live in the same suburb and participate in children's activities during the week (sports, school events etc). Mum's parents are what we would consider to be significant carers of the children from day to day, so I'd anticipate that they would also be involved in any family report ordered.
We're fairly confident that whatever happens, we'll get more time with the children - that much has been acknowledged by both parties. It's just the detail that needs to be worked out.
Fully anticipating that interim orders will be the best we could hope for in the next year or so, but the plan is to eventually move to 50/50

 

[sammy01]

you should be confident of 4-5 nights and possibly more... One night a week is a joke and I'm surprised mum hasn't had that explained to her. Does she have legal representation?