QLD Court Questions, Section 60 expiry

[RachaelMC]

Hi again everyone,

It looks like my matter will be going to court because ex isn't declaring and is dragging the matter to waste my money on legal fees. He is representing himself and is living in the family home while i pay the mortgage. It is in his interest to delay the matter.

I have few questions in regards to how the court works. I am sorry if my questions seem stupid but i have no experience in such matters.

1. I got a Section 60 which is 6 months old now. What happens if it expires while we are in the process of attending court? Do we have to re attend mediation even though we are in the middle of a court case? Is 6 months enough to sort the matter out? I hear it takes years in some cases!

Ex is delaying it now and is asking to be the main carer for our child, he figured out that if he have her he will get a better chance in keeping the family home. She lives with me 80% of the times and this is what was agreed on when we attended mediation. I work part time to be there for her, he is in full time work.

2. He replied to my lawyer himself again. Most of the things he said in regards to non financial contribution are not true. He is claiming the he looked after the kids, was the main income earner while I wasted my life and didn't help at all! In fact it is the other way around!

What happens here? Is it my word against his? Do i need to prove what I am saying or do i need to prove that what he is saying is wrong?

3. How does it work in the court? Do we go up on the stand or do the judge gets the information from our affidavit? I know he will by lying on his! Do they call witnesses? Can they call our grown up child to the witness stand? She is 22. Can i ask people that know us to write statements?

Thanks

 

[Lennon]

1. The section 60 certificate needs to be less than 12 months old when proceedings are commenced, that's all. No need to renew after proceedings are commenced.

2. You will need to prove your case by providing evidence. This can be by way of affidavits, documents (bank statements, pay slips, tax returns etc) etc. So will he.

3. Your evidence is usually contained in affidavits, but you will have to take the stand to be cross-examined about your evidence. Either of you can call witnesses if they have relevant evidence, including adult children. Statements are unhelpful, you should ask for affidavits if someone has relevant evidence to give.

 

[RachaelMC]

Thank you for your reply Lennon.

So i take it emails between us can be used? Would the whole email need to be attached or just the relevant sections?

 

[AllForHer]

Don't get bogged down trying to present offensive or ignorant emails as evidence in family law. Unless he's threatening your or the kids' well-being, the likelihood of them containing anything of relevance to your actual matter is pretty small. He may not even present his assertion that you didn't help as evidence in his affidavit, so if you filed those emails, what would you be proving about *your* case? That he said something mean or untrue? So what? What's that got to do with what your contribution was to the shared asset pool, or what your future needs are, or what care arrangements are in the best interests of the kids?

Try and remember this isn't about who is more right than the other. In law, your job is to present the relevant facts as you understand them to the Court. If your ex understands the facts to be that you never helped and he did all home duties and worked as well, that's his prerogative; but if you were the stay-home parent for a while, then his assertion that you didn't help isn't going to be very persuasive, is it?

Stay focused on the facts and the evidence - bank statements, work history, current care arrangements - not the hurtful words and untrue correspondence that gets passed in solicitor emails. The Court will just see that stuff as bickering.

 

[RachaelMC]

Don't get bogged down trying to present offensive or ignorant emails as evidence in family law. Unless he's threatening your or the kids' well-being, the likelihood of them containing anything of relevance to your actual matter is pretty small. He may not even present his assertion that you didn't help as evidence in his affidavit, so if you filed those emails, what would you be proving about *your* case? That he said something mean or untrue? So what? What's that got to do with what your contribution was to the shared asset pool, or what your future needs are, or what care arrangements are in the best interests of the kids?

Try and remember this isn't about who is more right than the other. In law, your job is to present the relevant facts as you understand them to the Court. If your ex understands the facts to be that you never helped and he did all home duties and worked as well, that's his prerogative; but if you were the stay-home parent for a while, then his assertion that you didn't help isn't going to be very persuasive, is it?

Stay focused on the facts and the evidence - bank statements, work history, current care arrangements - not the hurtful words and untrue correspondence that gets passed in solicitor emails. The Court will just see that stuff as bickering.

They are emails from pervious years between me and him that shows a LOT of his control over me. Eg insisting that I leave my job to work in his business that made no money, and another asking for a divorce then bullying me into staying. They also show that he never helped when it came to home duties, while now he is claiming that he did everything. It is not about who is right and who is wrong. It is about proving a contribution.

 

[AllForHer]

Well, do whatever you want. Good luck.