Tuvalu Island Courts Bench Book - Federal Court of Australia

4.6 Interim Hearing
An interim-hearing must take place not less than 2 clear days after service on the parties of the
application.
The purpose of an interim hearing is to:
• assess who the child should live with in the immediate time period, and until there has
been a final hearing;
• give directions for future hearing; such as what evidence must be produced about the
circumstances of the child by the parties and requesting a report from the Welfare
Officer; and
• enable the wishes of the children to be heard, if they are old enough to do so.
4.7 Final Hearing
The purpose of the final hearing is to:
• hear evidence from the parties and/or witnesses;
• hear evidence from the children, if they are old enough; and
• consider the report prepared and its recommendations.
4.8 Orders to be Made
A child custody order may be made. This will set out who has custody of the child, and provide
for access to the child by other parties.
Although custody must be clear, access can be flexible and agreed between the parties.
4.9 Custody Checklist
The checklist on the following page provides a useful approach to considering custody under the
Custody of Children Act (Cap 20).
Tuvalu Island Courts Bench Book June 2004