3 Comments Family & de facto law, financial agreements, consent orders
[QUOTE=mumof2girls] does anyone know of any lawyers that would help a pensioner like me? any information would be greatly appreciated.[/QUOTE]
Look realistically. I think there's about as much chance of a lawyer taking on that workload for little to no cost as me winning lotto this Saturday... and I don't have a ticket!... But you never know..
In the meantime there are things YOU can do... Yes it will involve a bit of work, you will have to familiarise yourself with the relevant sections of the family law act, & family law rules... It isn't a quick process even with a lawyer acting for you, but it can be done.
There are books available to help self represented litigants through the process... Some legal aid centers also publish booklets for SRL's free of charge..
1) call or visit a family court registry (or look online)... The staff can't give you legal advice, however if you explain to them what you want to do, they can tell you what forms etc you will need to get the ball rolling..
2) You can get assistance with forms at a community legal center
3) There are reduced fees for some filing costs if you have a low income
4) I recommend that you make an initiating application for property, along with interim orders to address the issue of assets & financial resources being secreted away... That could be in the form of an injunction for eg..
5) For matters to do with children you will first need to both attend a family resolution centre with a mediator to see if some agreement can be reached regarding time spent with the child... If that fails, you will be issued with a S60I certificate which allows you to file an parenting application... This process would need to be undertaken lawyer or not.
It's a little unclear weather you have orders relating to the older child.... Are there any? Have they been breached?
Also there are remedies within the FL Act to deal with assets & financial resources that have been secreted away or 'wasted'.... You should attempt to get copies of bank statements etc as far back as possible as evidence... In some cases the other party or banks can be made to provide copies of statements going back years... If there is evidence of moneys being moved around to diminish the asset pool, there can be orders made to have those amounts already considered as received by the other party in the final division..
It's not quick, & it's not easy, but you can DIY with a bit of help.. You can also have a friend sit with you in court if it comes to that to help with paperwork & support...
Thankyou for that no there are no orders with the older child he just took him and I tried to get some help but just couldn't afford it and being young no-one really wanted to help me and I had no idea what to do next...I do know that he won't do mediation and he live 4 hrs away so he would say he couldn't make it and I have no car to get there.
With my ex husband I had to go to the house with the police so I could pick up my papers such as birth certificate etc so I don't think I could get the papers from the bank...not even sure that I am still on that account...it will be a long process so will start off with one thing and when that is settled start the next one...having a heart condition I can't have to much stress at one time...although it is all stressful...I need to pick my battles one at a time
There is a possibility that you may be granted an exemption from needing a s60I certificate to file for parenting orders IF the court accepts that attending may be very difficult due to remoteness...
I recommend you still contact an FDR centre to inquire & start the process. If he fails to respond or it's too difficult because of distances then an exemption can be applied for...
As long as you get that application in, then the father will have to respond & the process of seeing your child on a regular basis can begin... Chances are nothing will change before that or until the child is old enough to just visit on his own accord..
With your husband. Again, nothing is likely to change until he is compelled to respond to a property settlement application, so you need to look into doing that... As I said, call a court registry, tell them what you want to do & they will tell you what forms you need... Then fill in the best you can & take to a community legal centre for advice & assistance in filling them out...
Don't be unduly concerned about bank statements & the like a that point, banks can be subpoenaed to supply statements if necessary....
Consider applying for interim orders & an injunction covering removal & sale of assets along with your initiating application... Community legal centre may be able to help with that as well..