(Interim parenting orders)



Interim parenting orders

1. That until further order, [insert those paras of the "final orders sought" below that your client will be needing before the final hearing. These will include an order "until further order" as to where the child is to live; the time to be spent with the other parent; parental responsibility; changeover arrangements; and any special days and holidays that are likely to precede the final hearing].

(Family report)

2. That pursuant to Section 62G of the Family Law Act [insert name of proposed report writer] be appointed to prepare a family report in relation to [insert any specific issues to be addressed – e.g. wishes of the children as to the time they wish to spend with each parent; alleged parental alienation and if parental alienation has occurred, and the impact that such alienation has had on the children, and recommended treatment; as to the children’s relationship with each parent].

3. Each party pay one half of the costs of the family report, upon demand.

(If seeking the appointment of an independent children’s lawyer)

4. That the [child/children] be independently represented in these proceedings and it is requested that Legal Aid [insert State/Territory] arrange such representation, and that the independent children’s lawyer be at liberty to peruse and/or take copies of all documents filed in these proceedings upon the making of an appointment to do so with the Court Registry.

(Recovery order)

5. That the application for interim orders filed the [date of filing] be heard urgently and that all times for service be abridged.

6. That this recovery order made pursuant to Section 67Q of the Family Law Act 1975 is addressed to the Marshal of the Court, all officers of the Australian Federal Police and all officers of the State and Territory police services.

7. That the persons to whom this recovery order is addressed are authorised and directed to find, recover and deliver the [child/children] [insert full name and date of birth] to the [Mother/Father], namely [insert full name] or a person nominated by [him/her] in writing, and for that purpose to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is or was reasonable cause to believe that the [child/children] may be found.

8. That the [Father/Mother], [his/her] servants or agents, be and are hereby restrained from again removing or causing the removal of the [child/children] from the care of the [Mother/Father], upon any breach of which injunction the persons to whom this recovery order is addressed are authorised and directed to arrest the [father/mother] without a warrant.

9. This recovery order will remain in force for 12 months.

10. That the [Father/Mother] pay the [Mother's/Father's] costs of and incidental to this application fixed in the sum of $5,000.

11. That the [Father/Mother] be served with a copy of the applicant’s application and affidavit[s] filed [date] and a copy of this order.

12. That the parenting order made by [this/the] [specify] Court on [date] be suspended as to its provision for the [child/children] to spend time with the [Father/Mother] until further order upon application being made by the [Father/Mother] for a parenting order in [his/her] favour.

13. That this matter be adjourned for further hearing on [date and time].

(Injunction – unilateral relocation within Australia)

14. That no later than [date and time] the [Father/Mother] [insert full name] return the [child/children] to the [child's/children's] former address at [specify] or to live within 20 kilometres of that address.

15. That the [father/mother] forthwith upon [his/her] return re-enrol the [child/children] at [School].

16. That until further order [Insert paragraph 1 above and any other paragraphs of “final orders sought” below that your client will be needing upon return of child/children as interim orders].

17. That the respondent pay the applicant’s costs of and incidental to this application fixed in the sum of $5,000.

18. That the matter be adjourned for further hearing on [date and time].

(Injunction – where flight risk)

19. [Within Australia] That until further order the [Father/Mother] [insert full name], and [his/her] servants or agents, be and are hereby restrained from removing or causing the removal of the [child/children] [insert full name/s] from their current address at [specify] OR beyond a radius of 20 kilometres from [specify CBD, post office or other local landmark].

(Watch List order)

20. That until further order the [Father/Mother] [full name and date of birth], and [his/her] servants or agents be and are hereby restrained from removing or attempting to remove or causing or permitting the removal of the [child/children] from the Commonwealth of Australia AND IT IS REQUESTED that the Australian Federal Police give effect to this order by placing the [name/names] of the said [child/children] on the Watch List in force at all points of arrival and departure by air or sea in the Commonwealth of Australia and maintain the [child's/children's] [name/names] on the Watch List until the Court orders its removal.

Note – Where the child has no passport but the other party might apply for one without your client’s consent see “child alert request” in Chapter 4 under “abduction and recovery of children”.

(Location order)

21. That pursuant to Section 67M of the Family Law Act 1975 Centrelink provide to the Registry Manager of this Registry of the Court such information as is contained in the records of Centrelink about the location of the [child/children], [full name/names] born [date] and the [mother/father] [insert full name], being a person whom the Court has reasonable cause to believe has the child.

22. That for the purpose of this order “information” includes the name of payee, financial institution, and name and number of account to whom and into which any payment by Centrelink is made in respect of the child or the [mother/father] or any other person with whom its records suggest the child may be.

23. That pursuant to Section 67P(1) of the Act the Registry Manager is granted leave to disclose information provided pursuant to this order to the lawyers for the [mother/father] being [insert lawyer's name] at [address]; to a process server engaged by those lawyers in these proceedings; and the persons to whom the recovery order in these proceedings concerning the child are addressed.

24. This location order will remain in force for 12 months.

(Commonwealth information order)

25. That, pursuant to Section 67N of the Family Law Act 1975 Centrelink provide to the Registry Manager of this Registry of the Court such information as is contained in or comes into the records of Centrelink about the location of the [child/children], [full name/names] born [date] and the [mother/father] [insert full name], being a person whom the Court has reasonable cause to believe has the child.

26. That for the purpose of this order “information” includes the name of payee, financial institution, and name and number of account to whom and into which any payment by Centrelink is made in respect of the child or the [mother/father] or any other person with whom its records suggest the child may be.

27. That the records to which this order applies shall be searched within 14 days and then at least once every month and the Registry Manager of this Registry of the Court is to be notified of the result of each search within seven days after each search.

28. That pursuant to Section 67P(1) of the Act the Registry Manager is granted leave to disclose information provided pursuant to this order to the lawyers for the [mother/father] being [insert lawyer's name] at [address]; to a process server engaged by those lawyers in these proceedings; and the persons to whom the recovery order in these proceedings concerning the child are addressed.

29. This Commonwealth information order will remain in force for 12 months.

Note – This order will not be made unless at least 7 days beforehand you have served a copy of your application on Centrelink: s 67N(3)

(If seeking the drug testing of a party)

30. The [specify], [insert full name] ([X]) is restrained from using drugs of abuse.

31. Until [date] [X] is to submit to urinalysis and hair follicle tests for the detection of such drugs randomly at appointments made by the Applicant’s lawyers, not being more often than twice per month for urinalysis or once in every three months for hair follicle tests.

32. For the purpose of hair follicle tests, [X] shall not cut [his/her] hair shorter than 3 centimetres until the date specified in the preceding paragraph of this order.

33. Within 24 hours of the date of this order [X] obtain from a medical practitioner a referral to a pathologist for the conduct of such tests.

34. The tests be conducted at a laboratory accredited by the National Association of Testing Authorities, Australia in accordance with the current Australian Standard for the collection and detection of drugs of abuse.

35. [X] provide the pathologist with photographic identification, to be recorded before each test, and the authority to provide the results of each test to the Applicant’s lawyers and to the Respondent’s lawyers immediately upon its completion.

36. Each test shall be for the detection of amphetamine-type substances, cannabis, opiates (including heroin and morphine), sedative-type drugs, cocaine, chronic alcohol use and any other drugs of abuse.

37. The Applicant pay the cost of such tests (and the referral), except that [X] pay for any positive test.

38. In the event of a positive test or any breach of this order by [X], [X]’s time with the [child/children] under this order is suspended until further order, each party in that event having liberty to apply at short notice.

Note - Urinalysis detects use of drugs within the past 1-3 days whereas a hair follicle test can detect a pattern of drug use over several months (hair length determining the period of drug use). See the paper on drug testing at our online Members’ Archive. For an accredited lab, visit nata.asn.au > facilities list by field > forensic science.

(If seeking a psychiatric assessment of other party)

39. That both parties attend upon psychiatrist, [insert name of psychiatrist], for the purpose of a report being prepared for use in these proceedings.

Note – Seeking this order is unusual, being kept for clear cases of mental or emotional disturbance. A mutual order is usually made where one party is wanting the other party to be examined. See Sewell & Jacobs [2011] FMCAfam 1377 for an assessment of parties and child.

(Injunction for the protection of a child or party)

40. That the [Father/Mother] [insert full name] be and is hereby restrained from approaching within 200 metres of any school, place of residence or employment of or other place occupied by the [child/children] [full name/names] [Add, if necessary – or the Mother/Father].

(Sole occupancy)

41. The Applicant have the sole use and occupancy of the property at [address].

42. To give effect to that order the Respondent vacate the property by [time] on [date]. [Add injunction for protection as above, if necessary.]

(Costs)

43. That the Respondent pays the Applicant’s taxed costs of and incidental to this Application.

Note – Where an application has been brought about by the misconduct of the respondent, an applicant should seek their costs, although bear in mind that the costs of actually recovering costs might mean it is not worthwhile for your client to pursue recovery if awarded costs.

(Any interim financial orders sought)

44. [Simply add them here.]

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