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When does an Interim Order no longer apply?

I have a quick question about the application of court orders.

When my matter first went to the local court a consent order was made between the mother and I. It stated:

1. That the child be returned to the mother.
2. That the father be allowed to phone the child on a Tuesday and Thursday each week.
3. That the father not approach the childs school.

The matter was then adjourned for a few weeks so we could submit affidavits etc. At this hearing the court made the following interim order:

1. That supervised contact occur at [a contact centre] every fortnight for at least 2 hours.
2. That the previous order contiinue regarding telephone contact.
3. Leave to return matter to court within 7 days.
4. That the matter be transferred to the Federal Magistrates Court.

My question is regarding whether the points in the 1st order apply until that order is specifically discharged, or if the 1st order no longer applies as a 2nd order has been made and is therefore the only one that is in force?






I'm sure someone will correct me here if I am wrong.  It is my understanding that with interim orders that unless discharged that the original Orders remain in full force and that all additional orders and/or variations (although variations usually result in a discharge to the original for replacement) are to be treated as an extension of the original ones.        

Which means these would be your current orders…

1. That the child be returned to the mother
2. That the father be allowed to phone the child on a Tuesday and Thursday each week. (Included twice)
3. That the father not approach the child's school.
4. That supervised contact occur at [a contact centre] every fortnight for at least 2 hours.
5. Leave to return matter to court within 7 days.
6. That the matter be transferred to the Federal Magistrates Court.

When your matter is listed in the FMC unless the same orders are made on the day, then the current orders you have from the Local Court will no longer apply as the orders from the FMC will be what you need to follow.  

Cheers

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
Thanks for your reply Crazyworld but I am still confused. You say that unless discharged the original order still stands and that the 2nd order is just added on. But then you say that if an order is made in the FMC then it automatically overrides any previous orders and is the only one that stands?

Is there a specific law I can look at that tells me if and when previous orders still stand? I haven't had the FM discharge any orders specifically but then I've been told that this happens automatically anyway when the 2nd order is made???

Sorry for still being confused. :$
Hey DadNZ,

To clarify.  You said that your current Orders were made at the "Local Court".  I assume this is a State Court and therefore a Magistrate not a Federal Magistrate (Federal Court) has made the current Orders. 

In parenting matters the Family Courts (Federal Magistrates Court - FM's and the Family Court - Judges…both Commonwealth Courts) have the widest jurisdiction to make Orders in relation to children in accordance with the Family Law Act 1975.  The Family Law Act 1975 (Part VII) is the main legislature dealing with parenting matters. 

The Local Courts on the other hand only have a limited jurisdiction to make Orders under the Act and as such given you are being transferred to the FMC, any Orders made at the FMC (or Family Court) will supersede those made at the Local Court.  This is why I said the Orders at the FMC will be the ones you need to follow. 

I do hope that makes sense and please feel free to ask away…it can be very confusing!!

While I'm here too.  Are you represented DadNZ?  Have you been given a Court Date at the FMC?  Are you aware that you will need to file documents (application or response) with the Orders you are seeking for the child/ren and also a supporting Affidavit at the FMC?      

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
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