i am due to go to a temp intrium order on my EX getting to have my kids more than me before the main family court trial.

What are the steps? i have a lawyer and can ask her but i just thught i would ask here.

Is it like a DVO, you have a 45 min conference then if there are no decisions a date to see the magistrate?

G'day mrspock,
They will vote with their feet, was thrown at me both times even though PA is off the planet. The Judge won't consider the PA issue until the trial.

Good luck spock,
DC

so the first appearance on the temp intrim order you went in fron of a magistrate straightaway not a 40 min conference?
my kids are aged 2 and 3. have been haveing this shared routine for 8 weeks and still going but my x wants the kids to see less of me. Im in the ACT.

If you are having a conference, the outcome depends on agreemnt between you both, IE nothing should change unless you agree to tthe change.. If it is a court Appearance, IE Directions or Interim Hearing, the Juditial Officer, (Judge or Magistrate) can make Interim or pemporary orders. (Note a Registrar does not have the Authority to make orders about the time a parent cares for a child).

If it is a Directions hearing the Judge or Magistrate will usually ask if you are seeing the Children, if your answer is yes, the Judge or Magistrate may decide not to make any children's orders, or conversly you could ask for temporary orders confirming the current arrangements. It. would usually be based on very short verbal submissions.

If it is an Interim Hearing the Judge or Magistrate is supposed to make interim orders (If you have asked for interim orders) based on Affidavit material and short submissions. In the FMC, evidence will not generally be tested at interim, so if there is conflicting evidence, it will not be tested till trial. In the Family Court of Aus, cases concerning children's issues are supposed to use the "Less Adversarial" case management system, which means the Judge can make determinations of Fact at any stage during the trial which officially starts with the interim hearing, though at interim it will usually only be minor matters.

Again, depending on what the mother claims, and how long you have already been sharing care, there should'nt be any reason why you can't get temporary or interim orders confirming the current arrangement.

The late 2006 Full Court Appeal Judgement "Goode & Goode", basicly says that if the presumption of "Equal Responsibility" stays in place, a court is to consider Equal or Substantial time. Though this is less important in your case because you already have a status quo for shared.

thanks for the reply, that was an excellent reply. Legal aid want to try and settle it first before we go to court this wednesday. so there is a conference on tomorrow.

Funny how legal aid want us to settle this intrim order being my X was the one wanting changes, Yes the stats quo is still strong shared care has been for 9 2 months.

Hi Mrspock.

As times have changed as have the attitude of a lot of people in this field, this may be an unappropriate comment but be careful when dealing with legal aid as they may try to minimalise your position in the confrence. I know that you are aware and have good groundings in your desires but it can be overwhelming if you are persecuted by everyone. Stick to your plan and take plenty of water, best of luck this week.

And don't forget we will be here if you need to talk or vent.

D4E