Each year the Family Court and Federal Circuit Courts receive an influx of applications before the Christmas break. The applications can range from parents seeking further time with their children over the break to permission for a party to travel overseas with the children.
This influx contributes to the already congested list of all the Courts where some matters are awaiting trial dates into 2019.
In preparing for this influx the Family Court of Australia pursuant to the Rules have a cut-off date for filing applications in this jurisdiction that require a hearing date prior to the Courts closing for Christmas on 22 December 2017. This year the cut-off date for all applications is Friday 10 November at 4pm.
The Federal Circuit Court does not have any prescribed cut-off date for applications before the Christmas break. However the current workload of this Court must be considered and the average weight time of 6-8 weight to receive a first return date after the filing of your Initiating Application. If you believe Court is the only way to resolve your matter and you have attempted alternate ways to reach an agreement with your ex- partner, now is the time to make your application to the Federal Circuit Court.
It is also important to remember if you claim your matter is urgent this will be assessed by the Registrar of the Court as to a date given to your application. Examples of where urgency is granted can include the withholding of a child from one party or the removing of a child from the jurisdiction.
This time of year can be difficult for parties going through a separation and require arrangements to be put in place for the care of their children. Unforeseen circumstances can arise at which point you may require the assistance of a lawyer and to some extent a decision from the Court.
The Orders that are popular for parties to seek this time of year include:
- The time you spend with your child over Christmas;
- Overseas travel;
- Interstate travel
- School holiday time;
- One party retaining a child.
It is also important to remember that there are other ways that your matter can be resolved before Initiating Court proceedings. Participating in Mediation or a Family Dispute Resolution Conference are often methods that parties can facilitate to achieve a desired result. If you believe this may be a method for you, contact our Family Law Team who can direct you through the process.
At Georgiadis Lawyers we understand the process and can assist you in reaching the most efficient and effective result for your matter.
If you wish to formalise any arrangements or you have negotiated with your ex-partner and not received a result for the arrangements for the Christmas holidays it is time to act now! Contact one of our Family Law Solicitors on (08) 8210 5400 who will be able to provide you with all of your options going forward.