QLD Family Court - Applicant not Following Interim Orders?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Fm15

Well-Known Member
17 October 2016
15
0
71
The applicant is not following any interim orders from Federal Circuit Court. Does this have any impact moving forward to trial?

The applicant took me to family court seeking final orders of relocating our child to his new address (1000km away) and he wants me to see our child under supervision once a month at this new location.

Interim orders are:

- That the applicant have supervised visits (4 hours per month) where child resides with respondent.

- 2 weeks notice be given of visits

- Advise respondent of new address/contacts

- Complete courses: respectful domestic violence program, keeping kids in mind (post separation communication course), PPP parenting course, drug and alcohol counseling

None of these interim orders have been followed by the applicant, except visitation, however; only 6 hours of the ordered 28 hours (being available to date) have actually been used. Child is a toddler. No financial contribution (Child Support) has been made towards child to date and we share costs of supervision centre for applicants supervision. Trial is pending criminal charges being finalized (that the applicant is facing).

So... can anyone tell me what kind of impact (if any) not following interim orders holds for the applicant?

Secondly I am concerned for our child not being able to establish a relationship with applicant due to severe lack of visitation (applicants choice), does this come up at some point?

Thank you
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So, these things will basically only come up if you bring them up in your evidence.

My suggestion?

File a supplementary affidavit ahead of your next hearing date which provides the Court with information about what's been going on. Don't provide your opinion, just the facts - state what time the child spent with the applicant, if it was uneventful, whether you received notice of the intended time and whether you facilitated anyway, whether you've received any further information about the applicant's completion of the ordered courses, etc.

Remember, it's your responsibility to make the child available and it's the applicant's responsibility to take advantage of that time. So long as you are encouraging the child's relationship with the other parent, if the applicant doesn't, take advantage of the time he's been granted, be it on his head.

What final orders are you seeking?
 
  • Like
Reactions: Migz