How do I get permission to intervene in case

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Nana Panna

Member
10 May 2018
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Hi All

My son has his court date for end June with his ex partner to sort out their parenting arrangements - mediation failed.

For reasons I don't really need to go into I need to submit an Application in a Case to get some additional grandparent orders. However, I need to get permission to intervene and I don't know who I do this.

I have filled out the application in a case form and done an affidavit but where do I ask for permission to intervene.

This is for the federal circuit court.

Thanks
 

MartyK

Well-Known Member
4 June 2016
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794
You can attend the next hearing date and seek leave of (permission from) the Court to be joined. Note that to be joined as a party you will need to satisfy the Court that it will be in the children’s best interests.
 
Last edited:

Rod

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27 May 2014
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You can also call the court registry asking them what the processes is to be joined to a case. T

You've already entered some information onto the 'application in a case' form, just add an order that you want to be joined and send it to the court and see what happens.

You may be able to efile it.
 
Last edited:

MartyK

Well-Known Member
4 June 2016
419
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You've already entered some information onto the 'application in a case' form, just add an order that you want to be joined and send it to the court and see what happens.

I could be mistaken, but I thought this process could only be used when an actual party was amending their application seeking for a third party to join?
 

Rod

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I suspect other parties can seek to be joined but not confident, hence why I recommended contacting the court.

If the alternative was to be true it would mean re-litaging very similar matters in a new case. Courts don't like that happening.
 

MartyK

Well-Known Member
4 June 2016
419
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794
Agree a good idea for the original poster to contact the court.

Mankiewicz and Anor & Swallow and Anor [2016] FamCAFC 153 : in short, suggests Court is to consider third party applications on a case-by-case basis. The applicant needs to satisfy the court, with evidence, that demonstrates need to join and that it is in the childrens best interest.