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Costs to start family court

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goodfight View Drop Down
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Joined: 07/February/2019
Location: Australia
Posts: 19
  Quote goodfight Quote  Post ReplyReply Direct Link To This Post Topic: Costs to start family court
    Posted: 15/April/2019 at 10:24
Hello all

I don't know if you remember me but my ex took an avo against me, which i consider to be fake I was out of the county within 48 hours after it was made and should have fought it but didn't.

I have since had legal advice, as she has kicked me out of my house, on my one visit with the police to my home most of my electrical appliances that I worked hard for years for are already gone and she hid the kids from me.

My lawyer advised I should review form 1, form 4 and form 13 and see if I can understand them, as I'm not working his $550 an hour retainer is almost impossible now.

Can anyone give me an idea of how easy these forms are to lodge, the relevant legal system and if I'm wasting my time self repping? I've spoken to several friends who have been through family court and they all seem to think in the eyes of a magistrate I will get some access to my kids and be far better off but I'm struggling with this one.

Thanks in advance for any guidance, please search my post history if you need more information.

jaazzz View Drop Down
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Joined: 19/September/2009
Location: Australia
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 16/April/2019 at 00:14

Looks like you are in WA...

Go to Family Court of Western Australia. use drop down menu >> Making an application >> Parenting orders & Property & financial resources... The forms you mentioned are listed for download

Form 1 is an initiating application.. Can be used for either Property, parenting or both

Form 4 (under drop down menu forms & resources) is a mandatory form required when applying for parenting orders & is a notification of abuse should any exist

Form 13 is a financial statement that is required for property orders...

Under the drop down menu 'Forms & resources' click on 'Information Kits & Brochures', Then parenting & Property & financial... there you will find 'kits' for each.. The kits include an explanation of what the forms are & what is required...

I note in another thread that Relationships Australia has declined to assist with mandatory pre filing mediation due to the kids being listed on a current AVO.. Call them & ask if they can please provide this reason in writing..

You will need to include in your supporting affidavit for initiating application (parenting) the reasons why you are seeking an exemption form filing the Section 60(I) mediation certificate the letter from Relationships Australia may help with that..

In your initiating application for parenting orders, you should be seeking orders regarding the kids that are practical & reasonable.. that is, time spent with them that is achievable for you & the circumstances... You should also be seeking some time with them in your interim orders sought section...

The courts view is that every child has the right to spend time with both parents, & in an amount that can form & maintain a meanigful relationship... Federal court orders can also override a state AVO to allow contact with kids if there are no safety issues...

There will be some filing fees involved. A community legal center may be able to assist with forms prior to filing...

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

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 16/April/2019 at 07:26
while you're there contact legal aid to see if they might help you.

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