What is a without notice application
Section 78 custody orders can be applied for in 2 ways:
- On notice (also called with notice) – the application is served on the respondent before it is granted by the court. An application can be filed to reduce the time the respondents have to file a notice of intention to appear. This means the respondents have only a limited opportunity to reply to the application (usually between 1 and 3 days).
- Without notice – the respondent is not informed about the application before it is granted by the court. If the court agrees with the application, it usually grants the order on the same day. The court may also request a type of hearing, called a Pickwick Hearing, that requires the applicant to attend court to provide evidence about the application.
Who this policy applies to
This policy applies to all staff considering, preparing or filing care or protection applications in the Family Court.
When this policy applies
This policy does not change the usual social work assessment and decision-making process for establishing whether or not we should make an application for interim custody. We must apply this policy when considering if we should make a without notice application for interim custody.
If there is disagreement about whether the without notice application should be approved, the site manager must consider what further steps might be needed to reach agreement. Further steps could include a case discussion including the social work team, regional litigation manager, practice leader and site manager.
If agreement still cannot be reached, the site manager must escalate the final decision to the regional manager.