NSW Obtaining an Urgent Order for Child Visitation?

[Dws1974]

I'm a self represented litigant and I have a family law matter in the Circuit Court Family Division, and its next mention is in Feb 2016. Meanwhile, my sister is getting married in September 2015 and the ex won't allow our son to attend.

He has an ICL. However, how do I go about getting an order to allow my son to attend the wedding? Do we need to negotiate and arbitrate, mediation etc. before an order is made, or can I make a separate application?

Cheers.

 

[AllForHer]

No, you don't have to attempt family dispute resolution again. File an Application in a Case with the court as part of current proceedings. An application in a case is an application to amend interim orders and will be heard as soon as possible, rather than waiting until your next mention date. Seek interim orders that the child spend time with you for the period of the wedding, and possibly also propose swapping the times with the following weekend as a show of good faith. I believe an application in a case costs the same as an application for interim orders, which I think is about $110. You'll need to also file an affidavit supporting your application. Include proof that you've attempted to negotiate with the father for the time (such as e-mails, text messages, etc), and proof of the wedding taking place.

Hope this helps.

 

[Dws1974]

That's great thanks.

In the application should I include all the original interim and final orders sought along with the new order or just the new order sought.

I have cc'd the ICL on all the Corro. I would have thought he would have interviened etc as my son (7) has expressed that he wanted to attend the wedding.

 

[AllForHer]

Mm, ICLs can only really engage with proceedings, rather than with general parenting issues.

In the Application in a case, you only need to include the order you're seeking for the wedding, rather than all the other orders being sought in proceedings. Basically, "That the child spend time with the mother from (time) on (date) until (time) on (date)". In your affidavit, only cover the issue relevant to that application, namely that it would be of benefit to the child to attend his aunt's wedding as it is a significant family event and that you've experienced difficulty negotiating with the father in relation to the wedding. Your affidavit should be as short and simple as possible - the less complicated the interim issue, the easier the judge will find it make the order. Hope this helps.

 

[Dws1974]

That's awesome thanks again.