VIC Matter already on foot and Covid19 list that supposedly get a turn around time in 72 hours

[kimbapuppy]

Hi, my matter is a foot in the Family Court on parenting matters and the last hearing was on 15 April and interim orders were meant to be made but an order was made "That judgment in this matter be reserved to a date to be fixed." This leaves the matter open indefinitely as chambers said there's nothing I can do and I just have to wait. It's been 2 weeks with no outcome, and my kids have been without a father for 6 months.

I saw the promise of Covid9 to get a hearing outcome within 72 hours. Family Court will not transfer the matter onto this Covid19 list and to get onto the list, I need to file another new Initiating Application.

Will applying a 2nd time ruin my chances to a get access to the children? I am already self-representing and all the false family violence allegations already paint me in a bad light in court, and can't afford to be painted worse than I already am.

 

[Step2Three]

I am sorry to hear you have been separated from your children for 6 months already.
Unfortunately I don't think filing another application and hoping to rush it through the COVID-19 list will help you, unless you can establish that the COVID-19 situation has introduced additional risks to you or your children. I expect that would be difficult given the allegations already made in your existing case. 72hrs turnaround will only apply to those cases where a high risk of family violence is introduced by the Coronavirus restrictions (no contact centres, no schools for handover etc).
Do you have any court orders currently that are being contravened, or is your current case your first application?

 

[kimbapuppy]

I am sorry to hear you have been separated from your children for 6 months already.
Unfortunately I don't think filing another application and hoping to rush it through the COVID-19 list will help you, unless you can establish that the COVID-19 situation has introduced additional risks to you or your children. I expect that would be difficult given the allegations already made in your existing case. 72hrs turnaround will only apply to those cases where a high risk of family violence is introduced by the Coronavirus restrictions (no contact centres, no schools for handover etc).
Do you have any court orders currently that are being contravened, or is your current case your first application?

Yes, the family orders prior to being suspended by the IVO were constantly being contravened, but now that that are suspended, dont think there will be grounds even if the contravention occurred after the suspension.

 

[Rob Legat - SBPL]

I'm not a family lawyer - but do not file another application. A reserved decision means that the judge is deliberating the evidence and submissions and will publish their decision when made. It's standard procedure in any complicated matter where the judge considers there are competing issues at play. The waiting time is hard, but there's no short cutting it.

The Family Court's published annual report for 2018-19 (the latest one) shows:
- The Court aims to deliver 75% of reserved judgments within 3 months
- In 2018-19 it accomplished 79% delivery within 3 months (9% in more than 3 but less than 6 months; 12% more than 6 months).

The report can be found here, with the information on page 24: http://www.familycourt.gov.au/wps/w...+Report+2018-19-low-res.pdf?MOD=AJPERES&CVID=

 

[kimbapuppy]

That is really good information. I also get the strong feeling that filing another application is a waste of time just like the current application.
Interestingly the Registar said the Affidavits wont be considered until Trial so I wonder what other evidence she needs to deliberate about.

By the time the judgement is made, the IVO will be expired and everyone's life wasted.
3 days vs 3 months makes a big difference in our children's lives.

 

[kimbapuppy]

I'm not a family lawyer - but do not file another application. A reserved decision means that the judge is deliberating the evidence and submissions and will publish their decision when made. It's standard procedure in any complicated matter where the judge considers there are competing issues at play. The waiting time is hard, but there's no short cutting it.

The Family Court's published annual report for 2018-19 (the latest one) shows:
- The Court aims to deliver 75% of reserved judgments within 3 months
- In 2018-19 it accomplished 79% delivery within 3 months (9% in more than 3 but less than 6 months; 12% more than 6 months).

The report can be found here, with the information on page 24: http://www.familycourt.gov.au/wps/w...+Report+2018-19-low-res.pdf?MOD=AJPERES&CVID=

I think you are right in that it will backfire if I apply. The Registrar will find out and take even longer to make judgement. The irony in the court system where supposedly the children's interests come first.