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Need explanation on lawyers email please

Printed From: AussieLegal
Category: Family Law, Defacto Law
Forum Name: Divorce, Consent Orders, Binding Financial Agreements
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=25240
Printed Date: 21/April/2019 at 17:05


Topic: Need explanation on lawyers email please
Posted By: 50/50
Subject: Need explanation on lawyers email please
Date Posted: 09/October/2018 at 14:13
Can someone explain to me what this means and what is the best course of action, please.

My partner and his ex have a private written and signed agreement stating that
* he has their daughter ( 5yrs) Sunday - Wednesday mornings and
* the mother has her Wed - Sunday mornings.
Basically, he has her 3 days and she has her 4 days and its been like this for coming up on a year.
No consent orders are in place.

The mother has a lawyer and they have been drafting consent orders with the father back and forth via email but I think it's come to an impasse because he got the following letter today.

"As you are aware our client has numerous concerns in relation to the child spending time with you in the absence of a mutually agreed arrangement which outlines a basis for the child’s welfare and security. You are also aware our client has serious concerns regarding the child travelling to overseas countries/locations, which are not signatory to the relevant conventions which ensure recovery of the child should she not be returned.
This has been raised with you on numerous occasions, only to be dismissed. You need to understand these are serious issues which need to be addressed prior to you spending future time with the child.
Our client has extended considerable legal expenses trying to reach a suitable arrangement, all of which have been dismissed by you. We also understand that past mediation has failed and accordingly our client is really at the end of her ability to fund further steps to try to satisfy your expectations and requirements.
Accordingly, it seems unfortunate the matter must now progress to the next stage, and due to the risk of removal of the child our client is not prepared to hand over the child further until some suitable arrangements are made in relation to the child’s welfare and security."

My partner and I can't understand what this means. The child has no passport and we have no plans to visit overseas plus my partner has answered each email received from the lawyer so not sure why things have been "dismissed" in their eyes.

He picks her up from school today ( Tue) and she goes to her mum tomorrow (wed).
What do you suspect will happen on his normal Sunday pick up???


So can someone PLEASE explain to me what this means and what is the best course of action?

Thank you in advance for any help.






Replies:
Posted By: emca01
Date Posted: 09/October/2018 at 15:57
I would write back to the solicitor.
Inform solicitor that the child doesn't have a passport so OS travel is not an issue.
In the letter state that dad is prepared to work with mum to finalise consent orders?

Sorry I'm struggling here. Has mum offered consent orders based on the current set of arrangements? Has dad been refusing to sign paperwork?

It does look like mum intends to withold the child. BAD IDEA on her part. Worse idea is for him to take the law into his own hands to stop her... IF she doesn't drop of the kid, get back to us. But for the minute I'd be getting a nicely worded response prepared and sent back to the solicitors. OR going and speaking to a solicitor yourself


Posted By: citizen-joe
Date Posted: 09/October/2018 at 18:52
I agree, write back to the solicitor and include a copy of their letter. Point out each of the factual errors in their letter. I suspect that you have been mixed up with someone else and you got the letter intended for them.



Posted By: 50/50
Date Posted: 09/October/2018 at 18:57
Thanks for the reply.

Mum wants consent orders with a lot more time with the child.
Dad just proposed for 50/50 time and he got that message as a response.

Yes, the lawyer knows there is no passport because the mother asked for a passport to be arranged in the consent orders. If you're baffled, so are we. :)



Posted By: emca01
Date Posted: 09/October/2018 at 20:49
Write the letter back. Before you send it seek opinions here. Don't include names or identifying details when posting here. You'll get some good advice. Even more importanly (kinda) that letter you write will cost the ex $$$. Solicitor will charge her just to read it.
Money talks - ACDC...
In the letter include that you're preference is for the current arrangements to continue and you're happy to work with the ex to get consent orders that are in the best interest of the kiddies.


Posted By: 50/50
Date Posted: 12/October/2018 at 13:45
No reply messages sent but -

The lawyer has sent 2 URGENT emails today requesting a copy of the private signed agreement. There were 2 copies signed so the mother should have her own copy.

Any idea why her lawyer is asking for a copy and why they would need a copy?

Why would they need it after threatening to withhold the child?

Feeling very sick about the exchange on Sunday and it's the mother's turn to drop off the child. ☹️


Posted By: jaazzz
Date Posted: 12/October/2018 at 16:29

The lawyer may be fishing to see if you have a copy in your possession, or perhaps his client has lost her copy...

The agreement needs to be signed by both parents, dated In order to satisfy requirements of
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s63c.html - FAMILY LAW ACT 1975 - SECT 63C

Although a parenting plan is not legally enforceable in the same way a court order is, it nevertheless is a document that captures the intentions & wishes of both parties in relation to the child/ren.

A parenting plan or it's agreed terms should not be discarded with little regard to possible consequences as a court can look at the actions of the parties when considering orders should it come to that..

The reasons you have outlined in your posts to my mind does not constitute a legitimate reason to disregard the plan & withhold contact..

I think you should direct the lawyer to his clients copy of the agreement for further information should it be required for whatever reason, & reiterate that you intend to work towards consent orders whilst continuing with the agreed arrangement in the interim




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Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: emca01
Date Posted: 13/October/2018 at 10:21
If you have a copy of the agreement. Send it to the soliciotor asap... Chances are the ex has lost her's or is not really keen on showing to the solicitor because like Jaazz said, it isn't gonna help her cause.



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