QLD How Long Until Family Court Orders are Released?

[Migz]

Hi All,

So had interim family court hearing last Monday. It was a complete circus. It's now Saturday and no family court orders have been uploaded to the court's portal as yet. How long should this take?

My ex is using this to say that she has complete custody of children of our daughter until orders are released.

Cheers

 

[sammy01]

Sorry, don't know...

But how did you go? What was the outcome...?

Sadly, your ex's stunts are both stupid (but you knew that) and out of your control. I'd like to think interim orders would only take a week or two, but I'm only speculating.

 

[AllForHer]

Did the judge tell you during the hearing what the interim orders were, and you're just waiting for the sealed copy?

 

[Migz]

@sammy01... it was a complete disaster and a complete waste of a day off work. We were assigned a new judge on the Friday before hand, this new judge hadn't read anything, including my interim orders from the previous case back in December.

He asked me what I was there for, I said for more time with my daughter as per interim orders, he said I don't have any information on this case so just tell me what you are after. I rattled off the visitation hours I wanted. He then asked the ex, what was the current visitations - she rattled them off, including Tuesdays 2pm to 5:30pm.

The judge said what's wrong with what she has offered. I said, "For starters, as per my documentation, I work, so how does 2pm to 5.30pm on a Tuesday work for me? Then I said, "Plus she has dictated the hours going from every Saturday to now fortnightly Sat/Sun". I said the distance between visits is to far for a 10 mth old baby.

This clown turns around and goes I find in favour of the mother. All done and dusted. Didn't even get onto "special days" etc, etc... So now the ex is loving it, as we walked out she goes "Well, there goes your Easter holiday visits and birthday visits and daycare visits..."

I just shook my head and kept walking...

I haven't written on here for a few days as I've needed to simmer down, I'm just ropable. Direction hearing set for middle of June...

@AllForHer...That's why I'm waiting on the orders as I don't know what was actually agreed on. Plus the fact that she has suspended all visitations until we get it in writing! Once again, I'm just over it. The system is a complete joke.

I'm now contemplating filing a "case in application" as these interim orders are not in the best interest of the child and section 60cc was never considered in the judges judgement.

Cheers

 

[Corinne]

You should appeal that crap. Hard.

Dickhead judges like that are the very reason for all the fatherless children whose dads either gave up or killed themselves.

 

[MartyK]

My comments. Take them or leave them. Won't affect my life but it could assist yours.

1. In future, if the Judge asks you a direct question, answer the actual question. Do not answer the Judge with a question of your own and especially one which could make you sound as though you are being recalcitrant.

If your matter goes to trial, you will be expected to answer the questions asked of you in a succinct and clear manner during cross-examination. The Judge may tire if questions continue to be answered with questions, or in a way that could be construed as a condescending manner and this could lead to negative views about your credit. It's certainly happened to other litigants before.

2. You should have a good reason to file an application in a case. Simply being discontented with the interim orders is not one of them. File to many unmeritous applications and you could be on the path to vexatious litigant.

3. You need to stay focussed. Do not let your personal opinions about the Judge, Court, System or otherwise or the negative comments about same from others, distract you from your ultimate goal (seeing your child more) especially while your matter is still in the system. You can write to politicians when your case is over!

Comments such as Corinne has made above may well be shared by you, but they will never help you with your case!

4. If something is said or done while you are in the Court that you don't like, do not react. I noticed in different thread you wrote about a mediation, that it sounded as though when things didn't go your way, you were very rude (and possibly aggressive) to the mediator. Do this in Court and the Judge will be far less forgiving.

5. Do not give up trying. Your daughter needs you in her life!! The Court process can be slow and frustrating yes, but the interim orders you have now are just that, interim!

6. If later on it is looking as though you are headed to a Final Hearing and you do not think that you will cope with doing it alone, don't rule out a lawyer. Or even a McKenzie friend.

 

[Migz]

Thanks for the response MartyK, but I suppose I expect people in a position of power to at least have the paperwork in front of them and secondly to had at least read it. Stupid me, what was I thinking, it's only our Family Law legal system, that is supposed to be held in the highest regard and the fact that these Judges are dealing with not only people's lives but also children's, and to not have read the documents before them I find disgusting and deplorable.

And lastly we are coming up to 2 weeks now and still no orders have been sent out.

 

[Lennon]

I am in a very similar situation. Interim hearing 2 weeks ago at which the FCC Judge had not read the material *at all*, and gave me time with my daughter's in line with what my ex offered (a few days in July, a few weeks at Christmas, nothing else).

The judge also said he would consider an oral application by my ex to change the venue of the proceedings, without giving me a chance to say whether that would be inconvenient for me.

Depending on what he decides about that, I may need to appeal this interim decision. However, it's been over 2 weeks and the judgment isn't published, and there is only 28 days to lodge an appeal. Leaves very little time to obtain legal advice considering I don't even know what he decided about the change of venue issue yet.

I rang the court and asked how long it would take (last time it took 6 weeks for interim orders to be published). The court said I could email the Judge's associate, but the Judge already has a very negative attitude towards me, and I don't want to make that worse by implying that I might appeal this interim decision.

 

[MartyK]

I suppose I expect people in a position of power to at least have the paperwork in front of them and secondly to had at least read it. Stupid me, what was I thinking, it's only our Family Law legal system, that is supposed to be held in the highest regard and the fact that these Judges are dealing with not only people's lives but also children's, and to not have read the documents before them I find disgusting and deplorable.

Migz, you are certainly not the only litigant out there, past and/or present, who has stepped into the system and has been/is bewildered by the lack of accountability of the Courts to follow their own rules.

This is moreso an issue when you are an SRL, especially when you are trying to learn the laws, rules etc and do the right thing, and, all while not having the luxury of your emotions being 'shielded' in Court by a lawyer.

I have found, in my involvement with SRL's over a number of years, that it is mostly those SRL's who can keep their emotions in tact, remain focussed, can stick to their arguments and rationally present them (providing their arguments are reasonable...that doesn't mean not challenging the other sides position or raising valid concerns about safety for the child/ren while in the other parties care), and who do a lot of research before they take actions, are the most successful.

Some who have been to trial, and are in shared care arrangements to this day, were certainly chastised by the Judge at times, but never for being disrespectful to the Judge.

In the end, you always need to do what you think is right for your child and you. Just make sure you are wary of the consequences.

If you have a chance you might want to sit in on some other cases. Including those before the same Judge as you. It's a great learning tool.