Parents
in the heat of family law situations will often want to know if the Court can
help them with their dispute urgently. To a parent in the middle of a dispute
situation – they may not have seen their child for months, or they may want to
change their current arrangements – their situation may appear genuinely
urgent. However, this is not the test that the Court applies in determining
whether a matter should be listed urgently in front of a Judge or Registrar.
In the matter of Fowler & Glover
(http://www.austlii.edu.au/au/cases/cth/FCCA/2016/2595.html),
the Court considered what test is, and should be, applied to determining whether
something should be heard urgently when it is delivered to the Court Registry
to file.
In that case, the Father had not
seen the child concerned since separation, with there being a delay of some
more than six years between separation and the Father seeking Orders. The
Father was trying to get orders made in time for his planned visit to the area
where the child lived. The visit was scheduled for only a month after the Court
documents were being filed. The Court empathised with the situation, but emphasised
that the reality of the Court’s resources were that the Court was already
overlisted (above capacity) with other matters. Nevertheless, the Court
clarified that it continued to overlist urgent matters, which were described as
typically involving ‘allegations of serious and immediate risk of harm to
children.’
This reflects our experience. The Court will largely only
overlist / list urgently parenting situations where there is the immediate risk
of harm to a child. An immediate risk will usually be a threat to the safety of
a child well above and beyond any harm that is suffered as a result of a delay
in that child’s relationship with a parent.
A good family lawyer will be able to advise you on how to
identify what are, and are not, good reasons to list urgently, and be able to
make a compelling case to the Court for why urgency is justified. Our lawyers
will advise you on this and other practical measures to take in relation to
your situation, and are available to speak to you on 03 9614 7111 (tel:0396147111) or Melbourne@nevettford.com.au
