Child Custody Law: Interim Hearing Process

Interim orders can take six to eight weeks after they have been filed to be heard. Times may vary depending on individual circumstances. In circumstances of urgency, the court may consider the application soon after it has been filed.

To discuss your circumstances, please talk to our Townsville divorce lawyers.

When the court makes an Interim Order, it usually assigns parental responsibility and determines how much time the children will spend with each parent.

This includes when and where the children will live and how much time they will be allowed to spend with each parent. An Interim Order will also consider:

• the frequency of communication between each parent and the child/ren,
• a request for a family report from a consultant,
• restraints from certain actions (e.g. interstate travel with kids),
• drug testing,
• a post-separation parenting program

Interim orders that are handed down at the Interim Hearing are enforceable. If the interim order is breached, there can be serious consequences.

Interim Hearings can have long-lasting effects, especially if the Court takes a while to schedule a final hearing. The decisions made at the hearing can also impact the outcome of your case. We strongly recommend seeking legal advice from a Child Custody Law expert.

For assistance with any family law matter, speak to our team of Townsville family lawyers.

It is mandatory for all parties involved in a legal case to attend and actively participate in the Interim Hearing unless the court specifically requests otherwise. Failure to attend may have serious consequences, such as the court making orders in the absence of one party without proper consideration of their evidence.

It is important to note that the Interim Hearing is a crucial stage in the legal process, where important decisions may be made regarding the case. Therefore, it is imperative that all parties involved attend and participate fully to ensure fairness and the proper administration of justice.

Rather than speaking in person, the Judge usually reads your evidence beforehand. The Judge may also require oral or written submissions at the hearing. Sometimes, the judge may want either party or other witnesses to give limited evidence in the witness box, but this doesn’t happen as standard.

The hearing outcome is usually determined based on the written, mainly Affidavit evidence, before the Court at the time. You should seek legal advice on filing your court material before your hearing.

A Court will typically resolve a relocation issue (except in urgent circumstances) on a final basis, which means you could be waiting up to 12 months for a determination.

Equal shared parental responsibility is generally assumed in most cases, and therefore, relocation to a different town or state is not typically included in the Interim Orders. However, in rare circumstances, if it is in the best interests of the child, the Court may allow relocation. If you are considering moving with your child, we suggest you consult with our team of family lawyers. They can provide you with the necessary legal guidance and support.