LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA What to Expect at First Family Court Hearing?

Discussion in 'Family Law Forum' started by NathanT, 8 June 2016.

Tags:
  1. NathanT

    NathanT Active Member

    Joined:
    9 December 2015
    Messages:
    6
    Likes Received:
    0
    I was wondering if someone could explain what is expected at the first family court hearing of a parenting order (for interim and final orders). I have yet to receive the respondent's orders yet and court date is coming up soon.
     
  2. CasKat

    CasKat Well-Known Member

    Joined:
    1 February 2016
    Messages:
    21
    Likes Received:
    1
    I went to court and my ex didn't lodge his response. They made a few orders, heard his side and adjourned it for a later date to allow for my ex to fuke his forms. It depends on what you're aking for as well.

    My partner is going through court and his ex (a year and 6 court dates later) and still hasn't filed any paperwork. The first court date, he was granted telephone contact only and she was told to do her forms. She has made false allegations and he has only been allowed 2 phone calls a week, 2 hours supervised visits when the mother allows and an ICL has been appointed.

    To date and we are still trying. So good luck
     
  3. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Your first hearing will be brief. You will be called from a duty list (there will be many matters to be heard that day) when the judge is ready to hear your matter.

    It is an interim hearing, which means no evidence will be tested (no cross-examination), but the judge will likely ask some basic questions about the circumstances, such as what the child's care arrangements were until that point.

    If the other party has not filed a response, it's likely the matter will be adjourned, but the judge may still impose some interim orders to enable the child to spend time with the applicant while proceedings are afoot.

    The judge might also make some orders about the parents attending a post-separation parenting course and another family dispute resolution conference.

    Overall though, the process for interim hearings is quite swift and simple. Listen, don't interrupt the judge, answer questions as clearly as you can. If you're self-representing, it helps to get used to using the phrases "the child's best interests" and "the child's rights" (as opposed to "I want" and "my rights"). Some judges like people to understand what they're there for - their child's interests, not their own.
     

Share This Page

Loading...