Do you have an agreement or Court orders, which include care arrangements for your children during the Christmas holiday period? If not, time is running out!
If you do not have orders in place or are unable to reach an agreement about the arrangements for your children during the Christmas holidays you may need to make an application to the Family Court for Orders to this effect.
In Western Australia, the ‘cut off’ date to file applications in time for Christmas 2017 is 4 pm on Friday, 10 November 2017. The date changes each year to coincide with the second Friday in November. However, even if you file your application prior to the ‘cut off’ date, you should be aware that the Family Court will not guarantee that your application will be listed or heard prior to the commencement of the holidays.
Before filing an application in the Family Court, it is a requirement that parties attend Family Dispute Resolution (“FDR”) to try and resolve their dispute ‘out of court’. There are often significant delays associated with the FDR process so it is best to start the process as soon as possible. There are also some exceptions to the requirement for parties to participate in FDR, for example, cases involving extreme urgency and where allegations of abuse or family violence have been made.
For assistance with your Christmas holiday application or your family law matter in general, please contact our office for an urgent appointment.