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Rule 5.03 of the Federal Circuit and Family Court (Family Law) Rules 2021 specifies that applications for an interim parenting order relating in whole or part to the school holiday period beginning in December (in the application year) and extending to January (in the following year) must be filed before 4pm on the second Friday in November of the application year. This year, the deadline is 4pm on Friday, November 12th, 2021. Applications filed after this date will be allocated the next available hearing date, which may be after Christmas. In cases of urgency, the usual criteria for an urgent hearing apply. Applications to abridge times and to list a matter on short notice may be made to the registry.
The importance of meeting this deadline cannot be overstated enough, especially for single parents and divorced parents who need to make arrangements for their children during the holiday season. Failing to meet the deadline could result in your child spending Christmas with their other parent, even if that is not what you had intended. If you have any questions about this process or are unsure about how to go about filing an application, please consult with a lawyer or your local family court.
An interim parenting order is a temporary order made by a court before final orders are made. The purpose of an interim parenting order is to regulate arrangements for a child until final orders are made, or other arrangements are agreed upon by both parties outside of court. Interim orders can relate to a number of different things, including but not limited to:
-who a child lives with;
-who a child spends time with;
-communications between a parent and a child; and
-specific issues such as education and medical treatment.
In general, courts will only make interim orders if they consider it necessary in order to protect the welfare of the child until final orders can be made.
You can find more information about how to do this on the Federal Circuit Court website or by speaking with a lawyer. It is important to note that you must file your application before 4pm on the second Friday in November in order to have your matter heard during the December/January school holidays. If you file your application after this date, you will have to wait until after Christmas for your matter to be heard.
In some cases, you may be able to apply for an urgent interim parenting order if there are exceptional circumstances that mean it is not possible or desirable for you to wait until after Christmas for your matter to be heard. If this is the case, you will need to file an application seeking leave (permission) from the court before 4pm on the second Friday in November and demonstrate why your matter should be heard urgently. More information about how to do this can be found on the Federal Circuit Court website or by speaking with a lawyer.
The deadline for applying for an interim parenting order relating to the December/January school holidays is fast approaching. Single parents and divorced parents who need to make arrangements for their children during this time period must file their applications by 4pm on Friday, November 11th, 2022 in order to have their matter heard before Christmas. Failing to meet this deadline could result in your child spending Christmas with their other parent, even if that is not what you had intended. If you have any questions about this process or are unsure about how to go about filing an application, please consult with a lawyer or your local family court as soon as possible.