by mylife  01/02/2014  240 Page Views
10 Comments  Family & de facto law, financial agreements, consent orders
Hello everyone.
I was finally able to track down my ex and have him served with divorce papers. Our hearing is set for this coming week. We have two children (13 & 14) that he has not had any contact with for around 18 months -2 years. Right after he was served, he has started messaging me demanding time with the children once again. It was right before Christmas and I told him we would be away until mid January. He messaged me again just after mid January asking to see the children in 2 days time. I told him that one of them had plans, however he was welcome to see our daughter. He wasn't satisfied with that and became abusive. I ended up sending him our daughters mobile number (again) and told him to organise a mutually convenient time with her directly and I would organise to drop her there and collect her.
Today I logged in to comcourts to discover he has filed a response to the divorce application. It is my guess it is relating to spending time with the children. I have read it should be filed within 28 days of him being served. It was filed around 39-40 days later.
My questions. Is it likely that this will impact on the divorce being granted on the day? Also, should I have been served with the response or would it just be sprung on me on the day? Why has it even been allowed to be filed when it was well outside of the 28 days??
P.S we currently have consent orders giving me sole parental responsibility. We also had mediation for about the 3rd time in April last year. I agreed to ALL of his requests, however, he did not even show up for his first weekend he had asked for. Nor made phone contact on the times HE nominated.
Any advice or opinions would be much appreciated!