Michelle Porcheron Lawyers Gold Coast
Bundall QLD 4217
9am - 5pm Monday to Friday
Trusted help for interim and final hearings for children’s matters — clear, strong, supportive.
Interim And Final Hearings For Children’s Matters
In certain cases where mediation and dispute resolution have failed, a parent will need to file an Application in the Federal Circuit Court or Family Court regarding the children and where they should live. Generally, you will receive an Interim Hearing date within three months of filing your application. The Judge will read your filed affidavit material and hear submissions from each party. A decision is then made about what should happen until the final hearing.
In certain cases, an Independent Lawyer will be appointed to represent the children, and/or a Family Report will be commissioned by a social worker/psychologist who will meet the parties and make recommendations to the Court about the matter.
Final Hearing
The interim parenting arrangements stay in place until the final hearing, which will be up to a year after the interim hearing. At the final hearing, parties are cross-examined before a Judge, and all evidence in the form of Family Reports, medical reports, or material issued under subpoena (e.g. Police files, DOCS files) is available to the Judge.
Final orders made by the Judge will last until the child turns 18 years of age. Many of our clients ask, “When can the child decide where he/she wants to live”. There is no “golden age” in law, but given what Section 60CC tells us about how a Judge determines what is in a child’s best interest, the child’s expressed wishes are considered, but so is the child’s age, level of maturity and other factors such as their existing relationship with the parent.
The emphasis of the Court is to maintain and preserve a child’s relationship with both parents, such that if a 10-year-old child is reluctant to spend time with a parent, the Court will want to know why and recommend, through therapy, steps to try to repair the relationship. However, by the age of 14, it is, in our experience, common for a Judge to express to the parents in Court that if therapy has failed, given the child’s age and state of maturity, the wishes of a child take paramountcy. Every matter is different, so please feel free to contact us to discuss your specific circumstances.
MP Lawyers — Strong Support When Hearings Get Tough
When it comes to interim and final hearings for children’s matters, you need more than basic representation. With an Accredited Family Law Specialist leading your case, you’ll have true expertise on your side. Our all-female team balances empathy with fearless advocacy, keeping your children’s best interests front and centre. We cut through court stress with clarity, strategy and care. Reach out today and feel confident about your next step.
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FAQs
An interim hearing is a short-term decision to manage arrangements for children or property until the final hearing. It provides stability while the matter progresses. The final hearing fully resolves outstanding issues with a binding court order, based on all evidence, so families can move forward with certainty.
Interim hearings often address urgent parenting issues — like where children will live, how much time they’ll spend with each parent and safety concerns. The goal is to protect the children’s welfare until final orders can be made. Interim hearings don’t decide everything, but they maintain stability during the process.
Timeframes vary based on court availability and case complexity. Many matters take 12 to 18 months from filing to final hearing. Using mediation and negotiation beforehand can help resolve issues faster and avoid lengthy delays. An Accredited Family Law Specialist can guide you through the best path forward.
While interim orders are temporary, they can influence final outcomes. Courts may consider how arrangements worked in practice when deciding final orders. That’s why it’s crucial to have proper advice at the interim stage — to protect your rights and build a strong position for the final hearing.
Courts decide interim hearings mostly on written evidence, like affidavits, parenting plans and statements about urgent issues or risks. Supporting documents — police reports, medical records or school notes — can help. Clear, well-prepared evidence gives you the best chance for interim orders that meet your child’s needs.
Both parents should present their position and respond to the other side’s evidence. In some situations, a lawyer may appear on your behalf, but your presence shows the court you’re committed to your child’s wellbeing. We’ll guide you on what to expect at each step.
Work closely with your lawyer to prepare clear, truthful evidence about your child’s needs, your parenting capacity and any concerns. Gather documents early, follow court directions and focus on what’s best for your child. Preparation and expert support help you feel ready and confident on the day.
Usually, children don’t attend court or give evidence directly. Instead, their views are considered through family reports or an Independent Children’s Lawyer if appointed. This protects children from stress and conflict. Our team ensures your child’s voice is heard fairly without placing them in the middle.