Abramsson & Abramsson

The application filed by the appellant in this matter sought an expedited hearing of her appeal from interim parenting orders made by the primary judge. The underlying proceedings concern the two children of the parties and the division of their property. The proceedings are already fixed for trial before the primary judge, due to start on 25 November 2024. The appellant appealed the interim parenting orders made by the primary judge on 8 October 2024. She filed her application for the appeal to be expedited on 9 October 2024. The legal issues before the court were whether the appeal should be heard before other appeals that were already filed and awaiting hearing, and whether expediting the appeal would cause prejudice to the respondent and the Independent Children’s Lawyer. The court found that the appellant had not acted reasonably and without delay in the conduct of the case, as her appeal was filed shortly before the trial of the underlying matter was due to start. The court also found that expediting the appeal would cause prejudice to the respondent and the ICL, as the interim parenting orders had already been implemented and there was no evidence the children had not managed with the change of residence from the appellant to the respondent. The appellant had the opportunity to apply for variation of the interim orders at trial, if appropriate. The court dismissed the application for expedition of the appeal.

The court ordered that the application in an appeal filed on 9 October 2024 be dismissed.