NEWS

Applications for Parenting Orders in December 2010/January 2011 School Holidays

The Family Law Courts have issued a notice for all parties who are considering instituting applications relating to parenting orders for the school holidays in December 2010/January 2011.

The filing deadline for any applications relating to parenting orders for that period is: 4.00pm on 12 November 2010. This will apply to applications that relate to parenting orders for either the whole or part of the school holiday period beginning in December 2010 and continuing into January 2011. Where matters are urgent, an application filed after the deadline date, will be allocated the next available date in the Court diary, however, that date may be after Christmas. In other words, if the application is filed after the deadline date of 4.00pm on 12 November 2010, just because the application is related to the school holiday period, it will not automatically justify a listing for a hearing date before Christmas. In urgent cases, applications to list a matter on short notice can be made to the Registry. In those matters the strict criteria for assessing whether matters are urgent, will be applied.

For any parties who anticipate or are currently considering instituting applications seeking parenting orders for the forthcoming Christmas school holidays, they are urged to seek legal advice sooner rather than later to ensure that proper instructions can be taken, an application and affidavit can be drafted and Court proceedings instituted well before the deadline of 12 November 2010.

Potential litigants are cautioned against waiting until the last minute and trying to rely on proving that their case is one of urgency, in order to get a hearing date from the Registry.