QLD Appealing Interim Orders?

[Cada]

After separation from my children's father, I relocated to a town less than 100km from our previous town and closer to the place we both work. A judge gave interim orders (family court orders) for return of the children to other town.

Financially I will have no money left with travel, accommodations and daycare costs.

Can I appeal on these grounds?

 

[Sarah J]

Generally, no. Interim orders are usually not up for appeal as they are temporary and in making the order, the judge should have considered all relevant factors (including your financial ability to comply with such order). The court would have made the order in the best interests of the children and so your financial ability may be a relevant but insignificant factor in this matter. Have you tried negotiating with the other side and seeing if they are able to pay for the costs of relocation and you complying with the order? Further, costs of complying with an interim order will generally be reimbursed to the ultimate winning party at the end of the trial and in some instances may be born by the party making the application for interim order (in this case, the other side). You will need to look at the "costs" part of the order. What did the judge say regarding costs?

 

[Cada]

Thank you for your reply. It's the costs to reside in the town more than just the relocation costs. The other party has said he will not contribute to rent, the costs of a live in Nanny (due to my work hours being outside daycare hours we have always had a live in nanny) I travel 200km a day to and from work therefore I need my car and we previously had 3 cars as a couple, 1 for each of us and 1 for the nanny. This car he took from my 4 months ago and will only return if we register through Child Support which would mean he does not have to pay anything to myself. He earns twice what I do. I work Monday to Friday and he works shift. I leave home at 530am and return at 530pm. He has the children on all of his days off and i have them all other times including just 2 weekends a month.

Judge has reserved costs for final hearing.

 

[Sarah J]

I'm not quite sure I understand. Is the father residing in the other town? And you have moved to another town closer to your work? Now you have an interim order stating that the children must live in the town where the father is residing? Surely, the order is not asking you to relocate?

In relation to the car, in whose name is it registered? Do you have a financial settlement agreement? If you separated/divorced from the father, you may be entitled to more assets than what he is currently allowing you.

Have a look at the Family Law Court's "property and money after separation" page. Notably, expenses relating to children and earning capacity will be taken into account as to what is a "fair and just" division of assets. Nearly all assets (joint and individual property/funds/assets) are considered in the division. If you and the father cannot agree on a financial agreement, apply to court for such order. In the meantime, you can apply to court for an interim payment order.