22 Comments Family & de facto law, financial agreements, consent orders
Hmm. That's what I thought too. But now I've been adjourned till April and have to go to relationships Australia for 8 supervised visits and have a report writen up by them to say I'm a suitable parent to look after the children. My EX responded I'm a drug user and she wants random drug tests ( I'm not and the tests will be clean) but it prolongs me another 3 mths to see my boys. Courts crap and I wish you the best
We have had time with the children since late last year and a couple of weeks over the Christmas period. If she had reservations or concerns about their care whilst here, she wouldn't have sent them. Also, our jobs entail regular random drug tests, so going down that path wouldn't help the cause!
I assume you know the application was served? Appearance by phone you might not know but it doesn't matter. Non appearance would likely result in a rescheduled hearing. I'd say assuming response filed that disagrees with access, likely another date set when interim orders would be made. You could call the court four days before and ask if anything nailed by them as well. They could ask for proceddings to be transferred but again that would lie subject to another hearing. Just be patient as the process is slow.
I sometimes feel courts bend over to ensure they see both sides, which means even if you did show they were served, if they were a no show it is quite likely they will schedule another hearing within a few weeks.
Sometimes people do file responses late. It can also take time for legal aid if they had it to deal with the case.
I don't see you can do much other than check with the court a couple of days before to see if they responded, and make sure you have evidence they were served, in practical terms if a contact order were made without the other party present, that's clearly a lot less satisfactory and likely more difficult.
If she files late her affidavit is not that relevant, it will come down to whether access is agreed and the practicalities. If access is not agreed, then what happens, if it is ordered anyway in some form, or another step takes place.
Thank you Calmar.
Everything has been served, both to her and her solicitor. There was contact up until mid December about time over Christmas. Then nothing since. So if she's had legal aid, I'd assume that is already in place, unless the grant has been revoked for whatever reason. (She is borderline eligible according to their financial limits).
We already know she won't agree to access on the terms we are asking for. We can only hope the magistrate disagrees.
Legal aid can also withdraw i believe if her position is unreasonable. They are there to get you a settlement, nit do whatever you ask. In theory, if she is not represented any more they should file to state that as they would no longer be her correspondence address. I'd probably suggest that when the seven deadline is there you write to the lawyer or call to check that they are still representing her.
Progress. She has filed a response. We can see that via the comcourt portal, but can't yet see what the response is. Only the documents filed. Strangely, she has a different solicitor filing for her. Same company, different office and solicitor. Wonder how long til we can see the response on the portal?
So affidavits come into play at trial generally. Unkess they've alleged abuse or require some form of supervised access, or want a family report, then you may get some progress. If the former be patient. If the latter potentially expect some shuttling between lawyers even if to provide something interim.
If their are allegations in the affidavit they need to be supported by facts. People can lie and make allegations so try to stay focussed on the big picture.
If you can see the response on comcourts, but not access an pdf, then they have filed it dor direct with the courts (in person or mail).
So email the solicitors form, identifying that the documents have been lodged and request they provide you with a sealed copy.
They could be waiting for the physical copies to come in the mail, hence you not being served yet. State if they don't have a sealed copy (and court is very soon) that you would be happy with an unsealed copy until the sealed is available.
It's a 1 hour flight. We meet half travel costs.
She is claiming that 1: she can't afford it. 2: it's too disruptive 3: they now play weekend sport.
I understand all of those things, but I also think it's important to have time with their father (and half siblings)
Flights can be under $80 of booked in advance. She works full time and receives a significant amount of child support.
Costs need to be 5% more than your taxable income, which unfortunately they aren't.
We are happy to forfeit a weekend here and there if the children have other commitments. We understand that as they get older things will change.
we have been asking for weekend time for YEARS, yet the mother claims in her affidavit she's never denied time with reasonable notice. We provided weekend dates for an entire year!
I can see the disruptive part.
An hour flight. Add the 45min check in time, etc and depending on the age of the child, can be burdensome.
I've travelled significantly in weekends as an adult and yep, get tired.
One weekend a term though doesn't seem unreasonable. Yes kids have school, homework and sports to be taken into account.
We have now offered up 2 or 3 different proposals as alternatives. Unfortunately, once again no response whatsoever to the proposals. It seems the option she is offering is the only one.
We have offered to travel to them every second month and spend 4 nights. EG: collect children from school Thursday, drop to school Friday, spend the weekend and drop back to school Monday. That way their father gets to participate in school drops etc, no disruption to weekend sports and no travel required for the children.
Still, not acceptable apparently. I'm not quite sure what else we can negotiate on?