Case Study: Appealing Interim Orders

Appealing Interim Orders

Summary of Facts: a decision was made in the Federal Circuit Court for the relocation of the children at the first court date, appeal was lodged for the interim decision, application to the court for a stay of the orders in the interim

The mother relocated to the Gold Coast with two children from overseas. The father then came to Australia to retrieve the children and was residing near Sydney. An application was brought to the court for the children to relocate overseas and reside near Sydney until then.

At the first court date, an interim decision was made that the children were to be relocated to New South Wales, pending the decision about whether they return overseas. The children would live with the father unless the mother could move there also and then would live them both.

The mother appealed this decision and applied for an application for a stay of the interim orders meaning that the interim orders wouldn't continue until the appeal was heard. While the appeal was waiting to be heard, the court heard the application whether the children should remain living in the Gold Coast until the appeal would be heard.

The court decided that the children should remain living on the Gold Coast until the appeal was heard. The best interests of the children were paramount and it is in the best interests of the children to have as much stability and routine as possible.

Take note: when making decisions about children, the court will always put their best interests first. One of the main factors that the court takes into account is whether the proposed order is the option that provide for the least change to the children's living environment.

This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.

We are experienced in representing clients on interim applications and appeals in complex parenting matters.

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