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Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 75
Experience:  Family Law litigator for over 35 years
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My neice was served with a summons last friday to appear in

Customer Question

My young neice was served with a summons last friday to appear in court this coming Wednesday on children custody matters. She has not been able to arrange legal representation. Can she get a deferral? also the summons was handed to her mother and not her personally.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: QLD
JA: Has anything been filed or reported?
Customer: Not as far as I know
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really
Submitted: 8 days ago.
Category: Family Law
Expert:  Sue replied 8 days ago.

Hello, I am a licensed attorney with over 35 years’ experience in family law much of it in chlid custody law. I am here to help you today. I’d like to review your question for a few minutes, type your answer and then I’ll be right back.

Sue

Expert:  Sue replied 8 days ago.

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Your niece may be able to get a deferral or continuance, but only if she appears at that hearing. However, if she earns under a certain income, she may be eligible for court appointed counsel in her jurisdiction. Your court's system may not allow for appointed counsel until your niece shows up at the court hearing.

It is important for her to go to the hearing for a couple reasons: 1) it shows she cares and is responsible (even though she may be scared and worried); 2) this is the only way for her to learn what goes on at this hearing; and 3) she has the opportunity to have a say in what happens.

That being said, the initial hearing is likely to focus on two things: 1) temporary placement of the children, either with one or both parents, a relative or in a non-relative foster home; and 2) jurisdiction. Determining jurisdiction means a court's finding if either or both parents neglected or abused the child/ren such that the court exercises authority over the children and parents. Also, it is possible child welfare services (CWS) will offer your niece a service plan, although sometimes that step doesn't occur until a later hearing, or is offered administratively by her CWS worker.

You are correct that if your niece is not a minor, she should've been served personally. However, the way the court will look at this service error is that your niece has actual knowledge of the court date, so has no reason to miss it.

If you niece does miss the court date, she will be defaulted and the court will proceed without her.

Although it is very upsetting to have CWS and court involved in her life, your niece will do best if she remains outwardly calm, polite to CWS, the judge and all other court personnel and willing to begin services.

If you would like to provide more information, if you have other questions or if I can be of any further assistance, please just reply to continue.

I hope I have given you good service today.

Kindly chose a rating when you are ready.

Best wishes to you and your niece.

Sue

Expert:  Sue replied 7 days ago.

Hello, is there anything else I can help you with?

If you haven't already, would you please choose a rating?

Thank you,

Sue

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