Hello - I am just wondering if anyone can shed some light on the process of Federal Circuit Court Brisbane... What happens on the day of first attendance? Are interim orders made if parents disagree on them?
QLD What Happens in the Federal Circuit Court?
- Thread starter Thefactsonly
- Start date
The first hearing is usually very brief - the judge will ask a few questions about the situation, some like to give some sage advice to warring parents, and then interim orders will usually be made and the parties sent on their way.
Your case will ordinarily be one in a duty list, so you'll arrive at the scheduled time and then wait for your matter to be called. You can stand at the back of the courtroom and listen to other cases being heard if you like, it might give you an idea of what to expect.
The whole process lasts about ten minutes. You'll ordinarily walk away with interim orders for the child/ren to spend time with each parent and some directions for mediation or a parenting course, etc.
Most courts also have a duty lawyer present or available to provide some guidance. It might be worthwhile to speak to them on the day, too.
Your case will ordinarily be one in a duty list, so you'll arrive at the scheduled time and then wait for your matter to be called. You can stand at the back of the courtroom and listen to other cases being heard if you like, it might give you an idea of what to expect.
The whole process lasts about ten minutes. You'll ordinarily walk away with interim orders for the child/ren to spend time with each parent and some directions for mediation or a parenting course, etc.
Most courts also have a duty lawyer present or available to provide some guidance. It might be worthwhile to speak to them on the day, too.
Thank you very much.
Is it likely the judge will just use the interim orders provided by one party if the other hasn't filed anything?
Is it likely the judge will just use the interim orders provided by one party if the other hasn't filed anything?
So no names, etc - but can you give some detail so you can get specific opinions... When did you see the child last?
Look - the courts have seen it all and are pretty intolerant to folk trying to manipulate the courts in an attempt to keep a kid away from their parent. So making up stuff that can't be established as true when tested is not a great starting point to a case...
Long road ahead my friend.... So what sort of final orders are you after?
Look - the courts have seen it all and are pretty intolerant to folk trying to manipulate the courts in an attempt to keep a kid away from their parent. So making up stuff that can't be established as true when tested is not a great starting point to a case...
Long road ahead my friend.... So what sort of final orders are you after?
Wanting something like:
Children live with mother
Children spend time with father on alternate weekends from 5pm Friday to 5 pm Sunday (although unsure how youngest will go with this, having just started school this year and travel time is 2hrs between residences).
Children have phone/Skype, etc., contact with either parent when they want - also to include twice weekly to the father (haven't set days yet).
10 days Easter school holidays with father (mother wanting it to be one week each)
14 nights Christmas holidays: from 24th Dec for 14 night in even years, from 26th Dec for 14 nights in odd years
Any weekend activity the mother puts children into needs the father to agree to - however this causes conflict as child has been heavily involved in competitive sports for 5 years now and it does impact on father's time. Father is not interested in attending as it takes away father's time with children.
No extra time during Jun or Sept school holiday period - just usual fortnightly schedule
No nastiest between parents. Joint parental responsibility. Email communication.
The concern is the court is this week. The applicant has filed as per above and affidavit, etc. The respondent has not filed anything. The children live with the respondent - always have.
The parents separated 4 years ago. The eldest has not attended the applicant's place in 12 months - reasons due to anxiety (diagnosed) fear and hurt (emotional and two incidents of physical smacking/pulling arm). Both the respondent and the applicant have tried getting the child to go, and point blank refuses and hides. The fear is recognised by a GP. Psychologist is attempting to break this down to a manageable level. The child is heavily attached to the respondent.
If the respondent has not filed anything as yet, and court is days away, is the judge likely to agree to, temporarily at least, the above orders? Filed as interim orders by applicant?
Children live with mother
Children spend time with father on alternate weekends from 5pm Friday to 5 pm Sunday (although unsure how youngest will go with this, having just started school this year and travel time is 2hrs between residences).
Children have phone/Skype, etc., contact with either parent when they want - also to include twice weekly to the father (haven't set days yet).
10 days Easter school holidays with father (mother wanting it to be one week each)
14 nights Christmas holidays: from 24th Dec for 14 night in even years, from 26th Dec for 14 nights in odd years
Any weekend activity the mother puts children into needs the father to agree to - however this causes conflict as child has been heavily involved in competitive sports for 5 years now and it does impact on father's time. Father is not interested in attending as it takes away father's time with children.
No extra time during Jun or Sept school holiday period - just usual fortnightly schedule
No nastiest between parents. Joint parental responsibility. Email communication.
The concern is the court is this week. The applicant has filed as per above and affidavit, etc. The respondent has not filed anything. The children live with the respondent - always have.
The parents separated 4 years ago. The eldest has not attended the applicant's place in 12 months - reasons due to anxiety (diagnosed) fear and hurt (emotional and two incidents of physical smacking/pulling arm). Both the respondent and the applicant have tried getting the child to go, and point blank refuses and hides. The fear is recognised by a GP. Psychologist is attempting to break this down to a manageable level. The child is heavily attached to the respondent.
If the respondent has not filed anything as yet, and court is days away, is the judge likely to agree to, temporarily at least, the above orders? Filed as interim orders by applicant?
Respondent is trying to help - child is seeing a psychologist and has also now been referred to a psychiatrist. Respondent could get evidence if there is the child's refusal to attend from family members who have tried to drop her off, etc.
With Court though, respondent hasn't filed anything in response (has somewhat a valid reason). Will the judge just give applicants an interim order?
With Court though, respondent hasn't filed anything in response (has somewhat a valid reason). Will the judge just give applicants an interim order?
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