QLD Missing Family Court Report - Likelihood of Case Being Adjourned?

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Migz

Well-Known Member
20 November 2016
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43
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Hi All,

So I myself and the ex along with our baby daughter all attended a family court report over a month ago and was told it would be through by the 6th. Suprise, suprise it still hasn't arrived... and family court is less than 2 weeks away now.

My question is;

1. Does this report get uploaded to the commsportal or is it mailed out or emailed or hand served?

2. I've heard of these reports not being available in time of the next Family Court appearance and the Judge automatically adjourns the case another few months. What is the likelihood of this happening and can I still object to the immediate adjournment and seek more visitation hours with my daughter in the meantime?

Cheers
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,524
906
2,894
Call the people preparing the report and find out what the story is.

If they say it has been submitted call the court to find out if they have a copy.
 

Migz

Well-Known Member
20 November 2016
325
43
719
I have taken your suggestion Rod and shot off an email to the lady preparing it. So we shall see what happens next.

Cheers
 

Cairnsdad

Well-Known Member
10 January 2016
42
10
149
G'day Migz,

From my understanding and experience...

1. Does this report get uploaded to the commsportal or is it mailed out or emailed or hand served?

Mine got sent to my lawyer who then forwarded it to me so it would be who is nominated to represent you. Self/Lawyer

2. I've heard of these reports not being available in time of the next Family Court appearance and the Judge automatically adjourns the case another few months. What is the likelihood of this happening and can I still object to the immediate adjournment and seek more visitation hours with my daughter in the meantime?

Yes it does happen that the report has not been published in time for your next interim hearing. The Judge orders the report then sets down the date for the next hearing to review it. The actual report writer will make the appointments via your representation for each parent and the children and you can imagine a tardy parent can change and delay their appointment which stretches out the process. It then takes around 2-3 weeks for the report writer to publish the report.

You can ask for more time at the mention before the Judge adjourns but it is likely they will take the position that unless something has changed that would change the time allocated for care of the children then they will wait for advice from the report writer and adjourn.

That's what happened to me because the ex postponed her appointment twice because she was sick and we lost another two months from adjournment.

Fingers crossed it works out well for you mate.

Cheers
 

teflongirl

Well-Known Member
29 January 2016
36
1
124
The Family Court report can take ages so don't hold your breath. It is vital though because the magistrate relies upon it heavily.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
These kinds of questions/queries can also be directed to the ICL, if there has been one appointed, care of the other sides lawyer.
 

teflongirl

Well-Known Member
29 January 2016
36
1
124
I personally find the ICL just doesn't have the time to respond or the inclination. They are snowed under understandstably.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
The ICL can indeed be very busy and you will not always receive an immediate response. I've found the vast majority of SRL's I've helped over the years have found the ICL to be very good with responding to such kinds of questions. Provided, of course, that the SRL is not a "serial" bug and emails only when required.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Hi All,

I thought I better report back, just for anyone else following this, and how it all panned out. The report arrived, via email, from the Judges Associate, yesterday. All in time for the next court appearance. As damning as it may be, it's not all bad, and there are a number of contradictions and mis-truthes inside it.

For example one major one being that the fathers (me) time with his daughter should be allowed to increase to be at the same level as that of daycare each week. I thought hey that's alright, considering the ex puts her in daycare from 7.30am to 5pm, 4 days a week...then I read on and its noted that my daughter is in daycare 3 days a week. This 3 days a week in daycare is dotted throughout the report.

Can anyone advise on what should happen to have this corrected? Or should it all be left until the trial, which would no doubt be set down for 2018, and I am an SRL.

Cheers
Migz
 

Hoang Trang

Well-Known Member
22 July 2016
136
12
414
Hi All,

I thought I better report back, just for anyone else following this, and how it all panned out. The report arrived, via email, from the Judges Associate, yesterday. All in time for the next court appearance. As damning as it may be, it's not all bad, and there are a number of contradictions and mis-truthes inside it.

For example one major one being that the fathers (me) time with his daughter should be allowed to increase to be at the same level as that of daycare each week. I thought hey that's alright, considering the ex puts her in daycare from 7.30am to 5pm, 4 days a week...then I read on and its noted that my daughter is in daycare 3 days a week. This 3 days a week in daycare is dotted throughout the report.

Can anyone advise on what should happen to have this corrected? Or should it all be left until the trial, which would no doubt be set down for 2018, and I am an SRL.

Cheers
Migz
Have you considered appointing a single expert witness? If there's allegations that are simply not true then a SEW may be a option. They will get down to the bottom of all the lies. Majority of parties settle based on the recommendations of the report. Less time and saves cost not going through to trial.
Mine just finished his report this week and our next court date is two weeks away. I can't begin to even describe the anxiety and stress levels waiting for the report