QLD Order procedures

[meegee]

Hello...couple of questions:

1. when do interim orders actually become effective? e.g. if everything is agreed on the day and Judge is simply awaiting a copy, but OP haven't finished "drafting / writing up"
2. how long do you get to "draft/write" them up post hearing date? And do they have to be reviewed/signed by both parties before going to Judge?
3. If Orders aren't forthcoming from OP - then what??? Do I chase or do Chambers chase or what?

TIA

 

[sammy01]

they should be written up and sorted within a week.
What is it in relation to?

 

[meegee]

Interim family orders....parenting plan

 

[Atticus]

when do interim orders actually become effective? .......

I assume the hearing is yet to take place? .... Interim orders handed down by a judge usually have immediate affect or as otherwise stated at the time.

Interim family orders....parenting plan

Court orders & parenting plans are different....

A court issues orders & they are legally binding on the parties mentioned in it.... It doesn't require those parties sign the actual order for it to have legal effect.

A parenting plan doesn't require court but is not legally binding... Being an agreement between the parents, it does need to be signed by both & dated to be a formal PP.

 

[meegee]

The request was that our signed parenting plan be made the interim orders which was granted by judge. OP lawyer had 3 attempts during day to redraft the parenting plan as orders for judge and still hadn't achieved it 7 hours later and 3rd appearance. There were a few tweaks negotiated but now there are no signs of the orders...hence my question. Sounds like they were effective from day of court then...and OP still hasnt filed his response to initiating application within 7 days of the court orders lol....talk about a piss take...they already had 50 days before that....I dont understand what's going on...and without a copy of the orders..OP is just breaching them...same as he did when they were just in format of the parenting plan...what is the recourse here....??

 

[sammy01]

write to his solicitor. Can you be a bit more specific about what is in the parenting plan that you think he isn't following?

 

[Atticus]

Sounds like they were effective from day of court then

Not so sure in this instance.... With Interim orders, normally a judge would say something like " orders are as follows" & then say what those are ... Sounds like someone has to write the plan up in a form that can be accepted as orders....

Call court registry office & make some inquiries if you have no luck with the OP solicitor

 

[meegee]

well he did say - orders are as the parenting plan - but because there were negotiated tweaks to that...my expectation was to see it once OP had drafted it - but seems quite a messy scenario - I wrote to chambers and to OP...nada....joyful!

 

[meegee]

write to his solicitor. Can you be a bit more specific about what is in the parenting plan that you think he isn't following?

well parenting plan is now the actual orders - so he is not to come to my residence, there is to be no weekly exchange of kids belongings, he is to use parenting app to contact me not text.....he has done the opposite of all of this...its not what i think he isn't following...he isn't following the orders. unfortunately he thinks he is above everyone...I did write to his lawyer, however, I think he is done paying her after having her there for 7 hours for a court hearing where he didn't win on a single point.

 

[sammy01]

oh dear... Cuppa tea time...
So if dad was refusing to return the kids as per agreement / orders then my advice would be different.

But - Camomile tea BTW. None of that stuff that might have a little bit of caffine in it. Something to calm your nerves...

"7 hour for a court hearing where he didn't win on a single point" look that sorta language give reason to advise that yoga, deep breathing, chill pills and camomile tea is what is needed here.

Story time... Back in the day I had orders - phone call. 6pm every Wednesday. I call at 5.50pm. She refuses to answer and texts me to say I've breached the orders. I call at 6pm. She doesn't answer then tells me I will have to wait until next week as 6pm as passed. WTF? So I'm kicking holes in walls, pulling out my already grey hair, losing my sh*t and generally being miserable AND the ex is loving it... i waste some more $$$ on solicitors who happily write to her and about $500 per page. NOTHING. They suggest court but advise no good will come of it. So I adopt the advice I'm giving you. Yoga, deep breathing, chill pills and camomile tea.

OR file for a contavention and expect a lecture from the magistrate about how busy he is and that his time should not be wasted on petty BS.
Now go put the kettle on, go sit on the lounge and think about the quality of my advice OR die before you time due to a stress related illness. Your choice.