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2019/2020 Christmas Holidays Family Contact Deadlines

October 3, 2019

Christmas and kids

With Christmas just around the corner, it is understandable that many separated parents will be facing uncertainties associated with where and when their children will be spending time over the Christmas school holidays. This uncertainty can be difficult for both the parents and the children involved. 

At present, the Family Court of WA is experiencing pressures from the continual inflow of parenting and financial applications being filed on a daily basis.  

Rule 5.01 of the Family Law Rules 2004, provides a cut-off date to file applications dealing in whole or part with the school holiday period beginning in December. This is to give the Court time to deal with the influx of parenting applications before Christmas. The cut-off date is the second Friday of November, which, for this year will be 4.00pm, 8 November 2019.

Clause 34.2 of the Case Management Guidelines of the Family Court of WA reminds parties that they “should be aware that applications filed prior to this date are not necessarily guaranteed to be listed or determined prior to the commencement of the relevant school holiday period. Such applications should be filed as early as practicable to ensure an appropriate listing date.”

Importantly, it should not be forgotten that before you can file a parenting application in the Family Court of WA, you must attempt to resolve your dispute “out of court” by attending Family Dispute Resolution (FDR), unless certain exemptions apply.

Making arrangements to attend FDR can take time and a settlement is not guaranteed. To avoid missing the cut-off date in the event you cannot reach a settlement, we suggest you start the process now.

To help you through this process, get in contact with our friendly team of experienced family lawyers who can provide advice and assistance. Ask about our reasonably priced, no obligation and fixed fee initial one hour appointment.

Contact us today on 08 9226 3300 to make an appointment.

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