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QLD Self Representing in Family Law Interim Hearing

Discussion in 'Family Law Forum' started by FamilyLawMum, 28 October 2014.

  1. FamilyLawMum

    FamilyLawMum Active Member

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    I am an applicant in a (very) complicated family law case. Currently self represented and wanted to enquire about appearing at the interim hearing. What do you include in your opening address to the court? Any advice and resources would be appreciated!

    Also any information about an interim hearing, the process and what to expect would be great!

    Thank you!
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi FamilyLawMum,

    There are many different kinds of interim hearings depending on what order you are seeking. It would be best to have a look at the statutory provision (order and rule) allowing the court to hear that particular application (it should be on your summons: i.e. notice for the hearing). The statutory order will list out the requirements.

    There is no one particular way to make an interim application but generally, we mention:

    1. What the application is for;
    2. What order/rules the application is made under;
    3. What you are seeking (briefly);
    4. What the main case is about (briefly: e.g. custody agreement or division of financial assets);
    (4.5. If the law is complicated, what the law is and what the court should consider when hearing the application)
    5. Your reasons for why the application should be granted presented in a logical manner addressing the statutory elements;
    6. Anticipated responses to the other side's defence to the application;
    7. Brief conclusion of why the court should allow your application for [whatever you're seeking].

    Best of luck.
     
  3. FamilyLawMum

    FamilyLawMum Active Member

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    Hi Sarah,

    Thank you for your response! It will assist us in writing our address to the court!

    Kind regards,

    FLM
     
  4. AllForHer

    AllForHer Well-Known Member

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    Just as a personal perspective, my partner is currently a self-represented litigant in a family law matter. The other party is represented. His first hearing including a hearing for interim orders, and his second hearing included an application in a case seeking an amendment to interim orders.

    On neither occasion was he or the other party given the opportunity to give an opening address to the court. The judge looked briefly over orders sought, asked both parties a few questions, made interim orders and then adjourned. The process took about two minutes the first time, and about ten minutes the second time (and only because the judge gave them both some extended and very useful advice about the reality of their situation).

    Of course, their case is not at all complex, so perhaps it was dealt with more swiftly than it would under different circumstances. Still something to consider.
     
  5. FamilyLawMum

    FamilyLawMum Active Member

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    To be prepared for anything is probably best! Thanks AllForHer!
     
  6. AllForHer

    AllForHer Well-Known Member

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    Absolutely. :)

    Our judge is a stickler for terminology, and since you're in Qld, you may end up with the same one if you're in the Federal Circuit Court.

    Remember, it's the child's time with you, not your time with the child; "visitation" and "custody" are outdated terms, replaced with "time spent with" and "parental responsibility"; and child's best interests are paramount.

    Good luck, I hope things go well for you.
     
    Sarah J likes this.

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