How can I see my children if my ex is not letting me see them?
If separating parents cannot reach agreement on the care arrangements for their children, then they may need to make an application to the Family Court for a decision to be imposed on them by a judge or magistrate.
Prior to commencing an application in the Family Court, the aggrieved parent must attempt to resolve the dispute through mediation (unless a relevant exception applies, such as urgency) and obtain a certificate from the mediator confirming they have done so.
After mediation has been attempted (and a certificate obtained), you may make an application to the Court. This requires filling in and lodging a number of Court forms, available on the Family Court website. These documents must then be served on the other parent.
At the first court hearing, the magistrate will often encourage the parties (or lawyers if represented) to negotiate with a view to reaching an agreement on interim issues in the foyer of the court. This not infrequently proves to be an effective dispute resolution forum.
Where agreement can’t be reached, the magistrate may make number of orders, including listing an “interim hearing”, listing a case assessment conference, listing a further mediation, appointing an independent children’s lawyer or appointing a single expert witness.
An interim hearing is essentially a mini trial, where the magistrate will make orders in relation to the care of the children before a full trial. These interim decisions can end up functioning as final orders, either because the orders made prove to be workable or because the parties are too exhausted to continue fighting.
If your case cannot be resolved at an interim stage, then it will need to go to trial. There are a number of different procedural steps that will need to be taken prior to trial, which will depend on the circumstances of your case and the positions of each party.
We recommend you seek legal advice as to how Family Court practices and procedures are likely to apply in the cirucmstances of your case.
Office address: 185 Railway Parade, Maylands WA 6051
Email: terrence@eastandassociates.com.au
Tel: 0403 632 777
