The growing monumental delays experienced in the Family Court is a topic of great distress to parents, lawyers, and the Judges of the Court themselves.

It appears that despite the best efforts of Judges to move cases forward as fast as possible, delays are widespread, and the global pandemic has compounded the situation.

Waiting weeks, months, years to progress spending time with children is absolutely heart-breaking for a parent, the emotional toll of Family Court delays is devastating on parents and children alike.

While there is no perfect answer, here are some tips to avoid, or at least minimise, delay in the Family Court for parenting cases: -

1. Consider whether to involve an Independent Child Lawyer:

The Independent Child Lawyer (ICL) is a lawyer for the child. An ICL can be particularly important in many cases to ensure the best interests of the child are promoted, however an ICL is not needed in all cases.

While an ICL can be highly beneficial, appointing an ICL also causes delay. This is not because the ICL is slow, the delay is largely caused by the time between the Judge appointing the ICL in Court, then Legal Aid arranging the ICL, then the ICL becoming familiar with the case, and then the ICL taking action depending on what is needed for the child.

There is usually a 3 to 5 month adjournment for an ICL to be appointed. In most cases they are ready and in a position to go ahead at the next Court date; sometimes more time or investigations are needed.

2. File your documents early:

This doesn’t mean rush off to Court because the best way to avoid Court delay in the first place is to mediate a resolution.

What we mean is, if you want something to happen at a 2nd or 3rd etc Court date, for example more time with your child, you should file an Application in a Case and a supporting Affidavit and serve it on the other parties a week before the Court date.

Judges have very busy lists. If you do not file the appropriate Application well before Court and what you are asking the Court to do takes the other party by surprise, the Judge will likely adjourn your case to a later date, which is usually 2 – 4 months later.

3. Provide EVIDENCE to the Court:

An important rule to know is that at an interim hearing (usually the first or second Court date) the Judge cannot make decisions on disputed facts. The main exception to this is that where there are issues of family violence, abuse, or risk to a child are raised the Court must proceed with caution to act protectively for the child.

Because the Court will not take into account issues in dispute, if you have documents, photos, text messages, or other clear evidence that supports your position, have it in your Affidavit or ready to tender to the Court to prove what you are saying.

If you present evidence such a documents, photos, texts, etc you make it easier for the Judge to make an early decision, rather than adjourn the case to a later date because of lack of evidence.

4. Obtaining a joint private family report:

In most cases a Family Report is obtained. A Family Report is a report by Child Consultant that informs the Court of a qualified independent opinion on the best interests of the child. This report assists the Court to decide who the child should live with and what time the child should spend with each party.

A full family report appointed by the Court can take from 3 – 6 months to be completed depending on the time of year and availability of report writers. If the financial circumstances of the parties allow, a private funded family report can be obtained usually within approximately 2 – 3 months.

5. Consider the Consent Orders:

While ongoing delay continues to be a problem there is always the risk that on a busy day at Court the Judge simply may not get to your case. The result can be a further 2 – 3 month adjournment with no progress in the meantime.

Even if you are extremely confident with you case or position, unless you are acting protectively for a child, it is wise to consider any offers that are made by the other party.

While their offer may not provide everything you seek, it may move the parenting arrangements forward in a way that progresses having a relationship with your child. It may not be the exact justice you seek; however, it may be much more beneficial than the case simply being adjourned with no advancement.

6. Expert legal advice:

Clearly having a lawyer that is experienced in family law will be of assistance so that they can appraise your particular situation and chart a course of least resistance through the Family Court.

Some instances of delay cannot be prevented, for example where Court video conferencing systems have failed resulting in heart-breaking delay and devastating financial loss for the client. However, in most cases the advice of an experienced family lawyer will assist to navigate the shortest path through the Family Court.

One resource we cannot replace is time.

Childhood is finite and the moments with your children are precious.

 If you have a parenting case in which time is of the essence to recommence or advance your child’s relationship with you, do not hesitate to give our office a call and speak to one of the expert family lawyers of Millwater Tyrrell Law, David Millwater or Matthew Tyrrell, for a free initial chat about how we can help your child and you.

Millwater Tyrrell Law are an Ipswich Law Firm of expert Family Lawyers, Commercial Lawyers, and Property Conveyancers.