NSW New Joint Practice Direction 15/01/2021

[familynfriends]

I meant - the court does not consider it urgent (sorry )

 

[CSFLW]

In the initiating application did you seek an order that your case be heard urgently?

 

[familynfriends]

yes it was marked and request as an urgent recovery order the children who are 4 where not returned after having time at their dad's no court orders in place just verbal and written agreement

 

[CSFLW]

In the initiating application did you seek an order that your case be heard urgently?

Yes/No

 

[familynfriends]

yes

 

[CSFLW]

Okay.

Then as I said before, you got the earliest date the Court could give you.

The practice note does not apply.

 

[familynfriends]

ok thank you for your help although I don't understand why when we have family violence involved and I have always been my girls primary carer

 

[CSFLW]

You're welcome.

All the best.

 

[sammy01]

"I don't understand why when we have family violence involved and I have always been my girls primary carer"

You're not gonna like my answer. But
1. You don't have court orders. See the courts seem to think their rules are the most important thing. If he was breaking a court order (family court order regarding parenting) then you'd be straight in.
2. There is no "risk of harm" attached to your application. You have not stated the kids are in harms way with dad.

Look I know they're not happy and this is not the best thing forthe kids. But they will be alright.