QLD Family Court - How Many More Mentions Before a Trial?

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

Crowe89

Member
13 November 2018
2
0
1
We are progressing in to the 4th year since my initiating application, with no final outcome in sight. We sought directions for trial at our last directions hearing (a few weeks ago) which our judge refused, instead ordering an updated family report and urging us both to consider what that report suggests. I am in support of this, but since my last two proposals for final orders (based on the suggestions from our most recent family report) were not even considered, I am not optimistic about reaching anything by consent.


Here is a simplified background:

The father went on a ‘work trip’ when our child was 6 months old and did not return.

There was no relationship between our child and his father (for reasons known only by the father) for 6 years. He cites “bad energy” in his affidavit. I kid you not.

They have been reintroduced 12 months ago with time increasing every few months. We are now up to overnight visits. In 6 years, they have spent an accumulative 11 nights together.

The father straight up wants 50/50 on a final basis.

Is this reasonable? My head is spinning! How can you go from showing 0 interest to wanting equal time?

I say too much, too soon. Let’s talk in a few years.

Our most recent order suggested a progressive increase in time with a long term goal of 1 night per fortnight. I’ll be honest, that was enough to come to terms with after 6 years of sole parenting. I eventually suggested 3 per fortnight in an attempt to negotiate but all that got me was a $9000 bill from wasted meetings and drafts over the month preceding court.

How much longer will the family court let this go on and what are the chances of equal time being ordered with absolutely no history of co-parenting?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Do you have a lawyer?
 

kimbapuppy

Well-Known Member
17 January 2016
69
7
224
Wow, I thought I was the only one going into my 4th year and with 5 different Judges.