QLD Interim Hearing and written submissions

[Andreas]

Hi

Firstly, thank you in advance for any comments/advice.

I am to attend an Interim Hearing (I'm a Respondent) at the Federal Circuit Court, Brisbane.

1. What advice would you give at an Interim Hearing?

2. I have read that a written submission might be helpful. What is it and what should I include?

3. Proposal of the other party for an 18 moths old:
- changing primary care to the other party;
- overnight care for 2 nights per week to start immediately without considering gradual increase;
- the child has not had an overnight care away from the main primary carer since birth;

I am in disagreement to the other party proposals:
- it is not age appropriate ;
- recent episodes of detachment problems and separation anxieties;
- levels of conflict still exist;
- limited communication ;
- the other has blocked mobile number and has only provided a partial residential address; an issue in the case of medical emergency.

Are there case laws that I can include in my submissions that support the child is too young for overnight care?

Where can I find written submissions sample? Template?

Is a written submission helpful? How to draft a submission?

Please help. Thank you in advance.

 

[AllForHer]

1. Nobody here can give you legal advice, just guidance based on personal experience and knowledge. You should get legal advice no matter what you read here.

2. Yes, a written submission is helpful in an interim hearing, however because you are the respondent, it should be filed in the form of a Response to an Initiating Application with a supporting affidavit. Have you filed a response as yet? The form and template is available here: Response to initiating application (do it yourself kit) - Family Court of Australia

A template for an affidavit is here: http://www.federalcircuitcourt.gov....-02573ffe-6b37-42f2-b7a2-8b589acc6ff6-lMOM9tK


3. Parenting orders are determined according to the best interests of the child, meaning that with the exception of those precedent cases which clarify some family law principles, case law is irrelevant because the circumstances affecting each parenting matter are always unique to that matter. As such, what the Court said is best for six other 18-month-olds, may not be the same as what it believes is best for yours.

If I may, what was the nature of the relationship between you and the child's other parent? Were you married, de facto, never lived together, etc? What time has the child spent with the other parent?

 

[AllForHer]

I've just had a read over your past posts, I assume this is still about the same child and the same parenting matter?

If so, a written submission can be filed as an affidavit supplementary to your other affidavits, rather than filing a response to an initiating application, but my other comments remain unchanged, namely that past cases are irrelevant to your matter because no matter how similar two cases may appear, the circumstances in each parenting matter that comes before the Court are always unique. Research is always irrelevant - just as you've cherry-picked research that appears to support your case, the other parent could do the same, which is why the Court looks to your child, not a report on dozens of others, to determine their best interests. Indeed, the only research you should be relying on is the family report written specifically for your kid.

I think you need to be very wary about continuing to fight against overnight time as the child grows older. My understanding is that the child has spent some substantial time with the other parent as part of interim orders and has a family report in their favour, so to suggest the child is still not ready for an overnight or two each week, or at least each fortnight, is more reflective of your attitude toward the other parent, rather than some flaw on their end. You should be cautious about potentially showing the Court that you don't support the child's relationship with the other parent, because I would say that, nearly more than any other these days, has been reason enough for the Court to reverse the residential arrangements for a child. If you're going to try and persuade the Court that the child is experiencing anxiety as a result of time spent with the other parent, on nobody's word but your own, while a family report is written that says the child should have no issues with overnights in their care, who do you think the Court will look to as the source of the child's alleged anxiety?

I also think you need to be realistic about the fact that an 18-month-old can cope quite well with being away from their main carer for an overnight, particularly if it's with their other parent when they've spent a significant volume of time with them in recent months. What the other parent is seeking is not in any way unreasonable, particularly in the face of a favourable family report and considering the child's age. Looking at the average 18-month-old in an in-tact family, I'd say it's almost unusual for one not to have spent a single night away from their primary carer - most will have had a sleepover with the grandparents by this time, at least...

I'm also a little skeptical as to how the other parent's address is relevant in case of a medical emergency. Forgive the bluntness, but are you expecting to go over there and perform emergency medical assistance on the child yourself? Or do you think the more likely course of action is that the other parent will call an ambulance and then advise you of what hospital the child is being taken to do you can attend as well? It's fair that you would seek their address out, provided that information isn't going to be used for the wrong reasons.

And if conflict is an issue, is mobile phone communication really the best option as a regular communication tool? Or do you think you should suggest something that is less susceptible to emotional responsiveness, like a written communication book or email? My husband's ex complained to the Court when he blocked her number, but the Court was rather understanding in the face of more than 20,000 text messages sent from her over the course of two years, the number of which were child-related could be counted on one hand.

I don't want to dash your hopes, but I think you need to be realistic or potentially find yourself in a rather unpleasant position with the Court.