In urgent situations, you can ask the Federal Circuit and Family Court of Australia to make an urgent Order, and in extremely urgent circumstances, you can even request that your application be heard ex parte.
This means that the Court will deal with the matter immediately and without notice to the other party. These are very rare Orders and will only be made where leave is given due to extreme risk to children or where there is inappropriate conduct by one party which needs a Judge’s decision.
Urgent parenting applications can be brought for all sorts of reasons, including:
- In child abduction matters, including risk of international relocation;
- Where a child or children of a relationship are at immediate risk of physical or psychological harm arising from abuse, neglect, or family violence;
- Where a parent is at immediate risk of physical or psychological harm arising from abuse or family violence by the other parent;
- Domestic relocation matters where one parent has moved with a child or children to another area or State; and
- Where a child or children have been taken from their primary carer without that parent’s knowledge or consent.
Urgent property applications can be more difficult to justify, however some examples are:
- Where one party is diminishing the matrimonial asset pool with reckless, negligent or wanton disregard for the other party’s interests;
- Where one party has exclusive possession and control of matrimonial finances and is preventing access to the other party; and
- If one party is transferring ownership of assets either to another person not party to the relationship or to another overseas jurisdiction.
If you think you may need to ask the Court to urgently intervene in your family law matter, contact Tiyce & Lawyers – we are here when you need us.
