Grandparents Rights In Under Three Minutes
Although grandparents are not specifically mentioned in the Family Law Act 1975, the Court recognises…
A person seeking child custody or parenting orders in Queensland can conclude their application in one of two ways.
Parents can come to an agreement about their children. This agreement can be made official by the court in a Consent Order. If you cannot reach an agreement, the Court will hold a Final Hearing (known as a “trial” in the Family Court). The Court will then issue Final Orders. The Court will list a matter for a Final Hearing. This happens when both parties have finished pre-trial procedures. All interim applications must also have been dealt with. Before you go to a Final Hearing, you should seek expert legal advice on both the Final Hearing process and the chances of success for your case.
There are significant implications of a Final Hearing. Most importantly, the Court’s orders at the Hearing will remain in place until the children are 18. The Court will only make further orders if you can show that there has been a significant and substantial change in your circumstances, or that of the other party.
You must seek sound legal advice before the Final Hearing so that you can present your best and strongest case.
If you don’t receive the orders you wanted at the Final Hearing, the Court can sometimes make you pay. This could be some, or even all, of the legal costs of the other party (or parties) to the dispute.
The parties to a Final Hearing are generally the children’s parents (the Applicant and the Respondent). It can also include other people involved in the children’s lives such as grandparents or other carers. The Court can appoint an independent children’s lawyer in the matter; if so, that person becomes a party to the dispute.
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Following a Final Hearing, in almost all cases the Court will reserve its decision until a later date. In most circumstances, the interim orders that were on foot at the time of the Final Hearing will remain in force. It can take several months, possibly even longer, before the Court hands down its Judgement. At that time, the Court will make Orders on a final basis and will provide a justification for those Orders, known as a Judgement.
No strict timeframe exists for Family Court hearings, and it is important to remember that each case differs. Many matters are finalised within 12 months, however, some may take years, depending on their complexity. Interim orders are designed to be temporary and can be determined within a few weeks if deemed to be urgent, or within 2-3 months.
The two primary considerations are the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from harm.
If both parents can come to a mutual agreement, a consent order or a parenting plan can be drafted. Whilst the agreement does not need to be formalised by the courts, we recommend you seek expert advice from our family lawyers who can assist you in protecting your child’s best interests.
Although grandparents are not specifically mentioned in the Family Law Act 1975, the Court recognises…
1. You have to attempt to mediate with the other parent Before you, or the…