A registrar will conduct your procedural hearing.
The purpose of the initial procedural hearing in a parenting case is to ensure your case is ready to proceed and is an appropriate case to be decided in the Family Court.
The party applying for orders will generally have filed:
- The form, Initiating Application (Family Law).
- The form, Initiating Application (Family Law).
- A family dispute resolution certificate (sometimes referred to as a section 60I certificate) (unless exemption is granted).
- If there are allegations of child abuse or family violence relevant to whether the court should grant or refuse the application, a Notice of Risk with an affidavit setting out the evidence on which the allegations in the form are based.
- If there are allegations of child abuse or family violence relevant to whether the court should grant or refuse the application, a Notice of Child Abuse, Family Violence, or Risk of Family Violence (Current Case) with an affidavit setting out the evidence on which the allegations in the form are based.
- If interim orders are applied for, an affidavit.
- If interim orders are applied for, an affidavit.
Each other party is to file at least seven days before the procedural hearing:
- The form, Response.
- The form, Response to Initiating Application (Family Law).
- Family dispute resolution certificate (sometimes referred to as a section 60I certificate) (unless exemption is granted).
- If there are allegations of child abuse or family violence relevant to whether the court should grant or refuse the application, a Notice of Risk with an affidavit setting out the evidence on which the allegations in the form are based.
- If there are allegations of child abuse or family violence relevant to whether the court should grant or refuse the application, a Notice of Child Abuse, Family Violence, or Risk of Family Violence (Current Case) with an affidavit setting out the evidence on which the allegations in the form are based.
- If interim orders are applied for, an affidavit.
- If interim orders are applied for, an affidavit.
Any interim applications which need to be decided by the Court before a final hearing may be listed before a judge for a decision.
What is the next step?
The step after the procedural hearing in a parenting case is that all parties attend the child responsive program at a date appointed by the registrar.