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Litigating in Family Court: Why Early Resolution Matters – And How to Avoid Delays

If you’re a parent involved in Family Court proceedings (Family Violence+ Parenting orders), one thing is certain: everyone wants an early resolution. Whether your case involves parenting orders, care and contact arrangements, or family violence allegations, dragging the process out doesn’t benefit anyone — least of all your child.

Unfortunately, many parents unknowingly make decisions that delay their case for years. A common example? Combining (Legal term:Consolidating) family violence matters with parenting orders from the start. On the surface, it seems efficient — deal with everything at once. But in practice, this approach often leads to serious delays, increased legal costs, and less time with your child during the process.

In this post, we’ll break down how to avoid these delays, why separating legal issues matters, and what you can do to reach outcomes faster.


Why Combining Family Violence and Parenting Matters Is a Common — and Costly — Mistake

Many parents opt to combine family violence and parenting order applications and let them be heard together. This seems practical, especially when emotions are high and everyone wants closure. But combining these proceedings is one of the most common mistakes — and it can mean waiting up to 2–4 years for a final resolution.

Here’s Why:

Family violence proceedings require a dedicated safety assessment, especially if there’s a temporary or final protection order in place. Before any decisions can be made about day-to-day care or unsupervised contact, the Court must first determine if it is safe for the child to have contact with the parent subject to the order.

Trying to handle both issues at once complicates the case. It often requires more witnesses, more evidence, more hearing time — and results in longer delays.


Rule 135 – Consolidation of Proceedings: A Double-Edged Sword

Under Rule 135 of the Family Court Rules 2002, the Court may consolidate proceedings if:

  • Common questions of law or fact arise, or
  • The cases are connected by the same event or series of events, or
  • The Court believes it’s desirable for efficiency.

However, just because consolidation is allowed doesn’t mean it’s beneficial. In many cases, combining family violence and parenting matters under Rule 135 leads to longer, more complex hearings, often extending the process by 1–2 years or more.

What’s Smarter? A Step-by-Step, Child-Focused Approach

  1. First, Resolve Family Violence and Safety Matters: and request a short cause hearing 3-6 hours to deal whether the protection order needs to become final and Section 5(a) enquiry to determine if supervised contact is necessary to continue or if interim unsupervised contact can begin safely. This allows you to start reconnecting with your child sooner, based on clear safety assessments.

  2. Then Move to work on Final Parenting Orders: Once safety concerns are resolved, it’s easier and quicker to finalize day-to-day care and contact arrangements under the Care of Children Act — without procedural bottlenecks.


Combining the Issues = Longer Delays

Trying to resolve everything in one go leads to drawn-out hearings and longer periods of restricted contact with your child. If you need multiple witnesses, expect even more delays — your hearing could span multiple days, pushing it further down the Court’s busy calendar.

Here’s What You’re Facing (Estimated Wait Times):

  • Half-day hearing: Wait 3–6 months.
  • 1-day hearing: Wait 8–12 months.
  • 2+ day hearings: Wait 12–24 months, or even longer.

All that time is time without your child — time spent waiting, not parenting.

Pro Tip: Request Backup Hearing Dates

Some courts allow you to request reserve dates in case your hearing is adjourned. This can save you months of extra delay and help avoid starting from scratch in an overbooked system.

More Witnesses = More Time = More Delays

Another common pitfall? Adding too many witnesses. While it’s tempting to include everyone who might support your case — family members, friends, neighbours — more witnesses mean longer hearings.

Here’s the reality:

  • The more witnesses you have, the more days the hearing will require.
  • More hearing days mean longer wait times to get a date from the Court.

What Can You Do to Minimize Delays?

  • Keep your case focused: Only include essential witnesses. More witnesses = more hearing time = more delay.
  • Separate the issues: Handle family violence, child’s safety assessment first and interim parenting order. Then tackle parenting orders at slow pace. Don’t try to do everything at once.
  • Understand the process: Knowing how hearing schedules and timelines work helps you make informed, strategic choices.
  • Stay child-focused: At the heart of all of this is your child’s wellbeing. Let that guide your actions. Minimize conflict where possible, focus on practical solutions, and aim for stability and connection with your child — not endless litigation.

Final Thoughts

Family Court litigation is often emotionally draining, time-consuming, and expensive. The choices you make at the outset — how you file, what you combine, how many witnesses you call — can either move you toward resolution or trap you in a process that stretches over years.

By staying clear and strategic, avoiding unnecessary complexity, and focusing on child safety and welfare first, you can reduce delays, protect your relationship with your child, and reach outcomes faster.

Because at the end of the day, time spent waiting for a hearing is time you don’t get back — and your child needs you present now, not years from now.


Disclaimer:

This post is for informational purposes only and does not constitute legal advice. Every case is different, and outcomes may vary depending on your specific circumstances and local court practices. For advice tailored to your situation, consult a qualified legal professional.

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