Communiqué 5 / 31
October 16th, 2022
Family Law – Christmas and Holiday Period
With only one school term remaining for 2022, it is vital that you now consider the arrangements for your children during the upcoming summer school holiday period and for Christmas this year.
In accordance with Rule 5.03 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, an application for parenting orders in relation to the summer school holiday period, including Christmas, must be filed with Court by 4.00pm on the second Friday of November each year. The filing deadline for this year is 4.00pm Friday 11 November 2022.
If an application is filed after this date, it will be allocated the next hearing date, which may be after Christmas.
Unless you are already involved in parenting proceedings before the Court, there are pre-action procedures that must be complied with before you can apply for parenting orders.
In particular, you must make a genuine attempt to resolve your parenting issues using family dispute resolution before applying to the Court. There are only limited circumstances in which you can seek an exemption to the requirement to attend family dispute resolution.
If you have not yet reached an agreement with the other parent about the arrangements for your children during the summer holidays and for Christmas, you must act very quickly.
Please contact our Family Law Team if you require assistance.