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Initial hearing for SLR

Hi,
I am an SLR and I will attend the initial hearing in March. I am seeking interim and final orders for visits with my 2 year old child. I would like to have some information about the hearing process. Do I have to support my case, etc
Thanks
pema_sydney,
                   I'd suggest that you consider becoming a member of the SRL-Resources. Here's a link for you SRL-Resources
Do I have to support my case, etc

Huh? What kind of question is that?

If I were you and having been an SRL myself, I would purchase a copy of the "Australian Master Family Law Guide" from CCH. It's got everything you need to know. Plus you can take it into a hearing with you.

Regarding 'information about the hearing process' - here's some articles that may be useful:

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Application in a Case

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Interim Parenting Orders

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Applying for Parenting Orders

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How to write an Affidavit - Part 1

How to write an Affidavit - Part 2

4MYDAUGHTER
Hi,

MikeT: Thanks for the link.

4mydaughter: I already sent my application to the Federal Magistrates Court. I sent my interim and final orders, affidavit, etc. What I would like to know is from your experiences, what happens during the initial hearing. Do I have to support my case with evidences during this first hearing, can my expartner respond to it… What are the main parts of this first contact with the court? Thanks
Is your initial hearing an interim hearing?


4MYDAUGHTER
I have just sent the application to the FMC. I assume that there will be an interim hearing (=initial hearing?) I thought it was the same.
Sorry its very hard to provide any meaningful feedback when you are asking vague questions and we don't know what issues are in dispute.

Take a look at you 'Application in a Case' (Interim Application) document - does that court date indicated on that document match your 'initial hearing' date?

4MYDAUGHTER
Sorry for my vague questions. I am the father of a 2 year old child who lives with her mother. I meet my expartner in france (I am french) and we moved to australia when she was pregnant. I stayed 2 years in australia and visited my child every weekend to maintain an ongoing relationship after our separation. I could see my daughter whenever I wanted but only with my expartner (under her supervision for no reason). We did some mediations to be able to spend my own time with our child. Things were very complicated there so I moved back to France. I am planning to come to australia twice a year for 3-4 weeks and I would like to be able to spend my own time with her. I sent my application last week and the fmc told me that the initial hearing should be in march. So I don't know much after that. I know that I will have to serve her when I'll get the application back.
Are you attending the hearing by video conference or in person?

Assuming that it is an 'interim hearing' - they are run on 'paper' only, meaning no 'oral' evidence is taken. So when you ask "Do I have to support my case with evidences during this first hearing" - the answer is yes - and you would (hopefully) have provided that relevant evidence in/or with your affidavit material?

Interim hearings usually only last 2 hours. If the mother is in agreement with you proposed parenting orders, then an interim hearing might only last 30 minutes.

4MYDAUGHTER
I will attend the hearing in person.
Yes I provided evidences showing that I have always been involved in my child's life from the beginning.
So there is no cross examination, etc. I will just have to tell the content of my affidavit?  
The FM will read your affidavit evidence. Parties don't give oral evidence in Interim hearings. There is no cross-examination in Interim Hearings, only Final Hearings.

What happens in an interim hearing? Much depends on what the mother is seeking. You'll need to see her 'Response to an Application in Case' and Affidavit(s) before you can have any as to how the interim hearing might unfold.

You will need to propose very specific, tight and unambiguous interim orders. You interim orders need to be thought out well. You can hand up a set of amended interim orders ('called 'Minutes of Orders") at the start of the hearing.

If you are travelling from France, I'd be seeking some kind of order that the mother be liable for the cost of your airfares should she not facilitate contact as per the orders.





4MYDAUGHTER
You may be better doing the first Interim Hearing by video conference and the court can arrange that.

Also you say "I am planning to come to Australia twice a year for 3-4 weeks and I would like to be able to spend my own time with her" You need to be very specific about when , where , how much time? Is it only in school holiday periods? (Sure she is not yet at school but will most probably be thinking about day care etc.. and school is onlya  few years away.

Are you seeking overnight contacts?

It is going to be very difficult as you will virtually be a stranger if she only sees you twice a year. How do you expect to rock up and pick up for overnight contact a child who doesn't even know you. Are you proposing weekly SKYPE video calling? Are you thinking about weekly telephone calls to her? What other things have you thought about to try and develop a relationship from so far away. Are you proposing to financially support the family here? In the main relationships this far away do not work unless BOTH parents are really committed to making some arrangement work.

All of this needs to be set out in your material for Interim orders. The final orders may cover more detail around things like birthday contacts but you should be working out before the first hearing and filing a detailed plan of what it is you are wanting and in your affidavit you will need to be extremely persuasive on how it will all work.

You will also need to be reading the response document carefully and responding to that IN WRITING… You could even find that the first interim hearing is started and then reset down for a later date if there are any procedural matters being argued. I would suggest that if the court is aware you are in France or have come back just for the hearing then they may go to great lengths to ensure the hearing runs on track. Is your ex partner being represented by a legal firm or is she also an SRL? Has a date been set for March? In which court?


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Hi,
Thanks for your help everyone.
I will call today the fmc to know if the interim hearing can be done by video conference. I sent my application last week so I am still waiting for a response from the court (Sydney).
I put a lot of details for the interim and final orders including the number of hours per day,  the day I will see her (school, holidays, father's day, birthday, etc). I also financially support her and send her french books, presents, etc from France.
My expartner really wants me to be here for my daughter but she doesn't want me to have any responsability on her (for no reason). She doesn't want me to take her for few hours without her.
I have a weekly/phone skype meeting with my daughter since I left. I am not asking overnight contacts as she is only two years old.
Do you mean that I have to necesarly fill in another affidavit when I will receive the response from my expartner?
You are technically only allowed to file one affidavit with each application. Each witness is only allowed one affidavit.

You can file an 'amended' the affidavit.


4MYDAUGHTER
pema_sydney said
….I put a lot of details for the interim and final orders including the number of hours per day,  the day I will see her (school, holidays, father's day, birthday, etc). I also financially support her and send her french books, presents, etc from France.
How do you plan to have "number of hours a day" from France?
pema_sydney said
My expartner really wants me to be here for my daughter but she doesn't want me to have any responsability on her (for no reason). She doesn't want me to take her for few hours without her.
Probably not an unusual situation. She clearly has issues with trust and confidence as to how you can manage things perhaps. Do you have a mutual friend who could help to broker some better outing arrangements when you are here. Shared Parental responsibility is already yours unless they argue against it (rebut). It suggests parents should agree on the main issues like education, health and religious education. Time is another whole separate matter. Are you domiciled in Australia currently or in France? Do you have a property here or live in a motel/hotel when you are here?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Sorry for my late reply, I haven't looked at this forum since I sent my application. The documents have been registered by the court and served on my ex partner.

Secretary SPCA - My interim and final orders include the number of hours I would like to spend with my daughter during the weeks when I will visit her in Australia.
I clearly demonstrated my ability to take care of my daughter when I lived in oz. The problem is that my expartner overprotects her (she is still breastfeed…) and she doesn't want to give me any rights on her. She thinks that I am going to break the relationship that she has with her daughter.
I currently live in France and I will go to Australia twice a year for about 3-4 weeks every year. I will stay in an hotel.
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