Family court delays and how to avoid them

Family court delays and how to avoid them

An article appeared in The Australian again today (24 September 2018) highlighting the family court delays that we are seeing in some cases in obtaining judgement. This is something that you should be considering when deciding whether you will take an action in the family courts seeking final parenting orders or final property orders.

Contact our experienced  family lawyers Brisbane or family lawyers North Brisbane  for initial free family law advice how you may best avoid a family court action and resolve your family law issues.  If you are already in Court and experiencing family court delays, we will advise you regards options that may assist in avoiding or limiting those delays. Read on for more information right now about what you can expect in the family courts.

You would be wrong to assume when you start an action in the family courts that you will obtain final orders in a short time frame. That may happen if after you commence a legal action, you and your former partner reach agreement for final orders. You may then hand up the terms of the final orders that you seek to the Court and if the judge hearing your matter considers those terms appropriate at law in the context of your matter, those orders may be issued by the Court.  Those orders when issued are known as consent orders. Consent orders may be issued for parenting arrangements or for family law property settlement. You may request the Court at any time to issue consent orders if you and your former partner reach agreement.

However, if no agreement is reached and it becomes necessary to proceed to a trial of your matter, you should  be aware of family court delays. It can take at least 8 months to a year from the time that you started your action- sometimes longer- before you get a date or dates for trial.

Having got those dates, there can be further family court delays. The court processes sometimes require that the dates initially advised are postponed.

After the trial itself is complete, you will then have to wait for the written judgement of the Court to be issued. This brings us back to the article appearing in The Australian today about family court delays. The article mentions the expectation in the family court that 75% of judgments be delivered within three months of the trial date/s.

This is occurring in many cases. However, unless an until there is adequate funding of the family courts, it remains that there are too few judges that we as a community can reasonably expect that all judgments can be delivered promptly and family court delays be altogether avoided.

In any event, we at LGM Family Law take the view that court action should be a last resort for our clients.  Whilst there can be some delay in the Courts issuing consent orders, avoiding a family court action is the most effective way to avoid family court delays! Avoiding a court action may make it easier too for you and your former partner to successfully co-parent following separation.

We will always aim for our clients to reach an amicable family law property settlement or parenting arrangements thereby avoiding family court delays. Even if your former partner seems unwilling to reach agreement, there are a number of options available to you to try to reach agreement without going to court, such as attending mediation.

Contact our friendly divorce lawyers Brisbane and divorce lawyers North Brisbane for complimentary advice how you may best plan for reaching an amicable agreement or settlement with your former partner.