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QLD Procedure - Amending Initiating Application Before Hearing?

Discussion in 'Family Law Forum' started by AllForHer, 16 January 2015.

  1. AllForHer

    AllForHer Well-Known Member

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    Hello, just a quick question.

    My partner and his ex-wife have received a final hearing date for their parenting matter.

    When the father (my partner) commenced family law proceedings, he initially sought shared parental responsibility because things between the parties seemed to be improving at the time, and the child's well-being had improved significantly as a result. As part of his affidavit, the father alerted the court to incidents of family violence, which had occurred in varying degrees at nearly every changeover during the two-year period of their separation, but he also pointed out that it had been four months since the last incident. The father was hopeful things would continue to improve enough to develop a co-parenting relationship that could make shared parental responsibility workable.

    However, this period of relative peace didn't last long - though the child had a reduced rick of being exposed to the conflict due to changeovers being moved from residences to day care (despite the mother's protests), it was continuing between the parties in writing, and unsurprisingly, eventuated in the child being exposed to several additional incidents of family violence while proceedings were under way.

    It's become clear that the pattern of family violence is entrenched, so the father now seeks to amend his position to seek sole parental responsibility and a change in residency for the child ( custody of children). I understand that amending his position this drastically will likely extend the one-day hearing estimation, and that the first hearing day may result in a family report being ordered and possibly the appointment of an ICL.

    My question is about the procedure for making this amendment.

    The court has ordered both parties to file minutes of orders sought, affidavits of evidence in chief and witness affidavits, as well as case summaries and what not.

    To amend his position, should the father file an amended initiating application as soon as possible and before the hearing documents are due, and then file the hearing documents as well?

    Or should he just amend his position as part of the final hearing documents, i.e. in minutes of orders sought and affidavit of evidence in chief?


    Thanks in advance for any direction the forum might be able to give.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi AllForHer,

    I am not sure at which stage of the hearing you are at. However, where your partner intends to amend orders sought after the procedural hearing, he will most likely require the court's consent: Family Law Rules r 11.10

    Therefore, I do not think he can just simply alter the documents. He will need to give the other side some forewarning of his amendments.

    I am not too familiar with the procedure in Family Court. It would be best for your partner to contact the court registry to enquire.
     

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