Questions about video evidence and interim orders:
They are usually scheduled to have a maximum time limit of 2 hours, and as such the court does not have sufficient time for full exploration of the evidence. The court cannot make findings of fact at an interim hearing, and therefore any decisions made will usually be based on the agreed facts only.
The disputed facts will need to be determined at a final hearing.
Evidence is presented in the form of affidavits only, therefore you should have presented your response to address each claim from the other side in your affidavit. Submissions from both sides may also be made.
The court will consider the care arrangements as they existed prior to the separation, the current circumstances of both parties and the child, as well as the respective proposals for the future.
The main consideration for the court is the 'best interests of the child' principle, (s 60CC), in addition to whether the presumption of equal shared parental responsibility applies.
As The Wolf has said, forget videos etc, rather concentrate on putting forward a sensible workable proposal that is in the best interest of the child.
The court may order a Family Report be conducted, to assess the child's relationship with both parents, with a the report to be considered at the final hearing.
Secretary SPCA saidI have made a minor addition to say that …Evidence is presented in the form of affidavits only… Because these sorts of hearings are almost in the main dealt with on the papers.There may be some questions from the Judicial Officer directly to you if you are Self Represented but if the other side has representation they will run the matter.IF the other side is represented they will be unlikely to speak at all. It does happen sometimes that a Judge will speak directly to a represented party but rare….
The take home message from these threads is that YOU MUST address everything in proper affidavit form and there are hundreds of posts on here that tell you how to prepare those. Forget all about video in this hearing unless there is some major problem. You will have to seek leave to show video anyway and both sides will have to have copies before it gets up. You might want to get some photographs attached to the affidavit but they need to be say 4 to an A4 page, in colour and visually readable and not a third or fourth photocopy. You will need to make any photos available to the other side on DVD media if requested to get access to the data set held with the photo if they are from digital copy.
I would focus on the affidavit at this stage and not worry about video or photos unless it is critical. The final hearing is where you can get into this material
Last edit: by Secretary SPCA