NSW Dispute with Ex Over School of Son?

[AllForHer]

That's good that the Registrar considered it an urgent matter, it improves the likelihood that a school will be decided by the Court at the interim hearing.

I think there's a lot here that goes in your favour. Keep us updated.

 

[Kyl]

Hi.

My Ex has a copy of the documents already for my application in a case. I don't know how he got them because I havn't had him served yet. The court only returned the docs to me today stamped, etc.

Do I have to have him officially served with the documents for an application in a case?

 

[AllForHer]

If you're using the Commonwealth Courts portal, they'll have them when you file them, but yes, you do still have to serve them.

 

[Kyl]

If you're using the Commonwealth Courts portal, they'll have them when you file them, but yes, you do still have to serve them.

I looked up serving documents in chapter 7. I understand that for an application in a case I can use General service and basically just mail the documents. Do you think this is correct?

I don't think it comes under special service.

 

[AllForHer]

Correct. An application in a case can be served via email if email has been provided by the other party. It's not special service as in the case with an initiating application.

 

[Kyl]

Correct. An application in a case can be served via email if email has been provided by the other party. It's not special service as in the case with an initiating application.

Thanks. This makes the process a bit easier. I read all of chapter 7 and interpreted it that way too.

 

[Kyl]

Hi,

The court ordered that my son be returned to me. My son has to change school and the court also ordered he attend the school I put forward as being midway between both homes.

The other party came out with some stuff from left field, e.g. tried to get an order for my son to remain out of school and do work at home with him until final orders in December are made, the theory being in case the court orders that the father gets 100% care and sole responsibility then there would be no risk of another school change.

ICL was good, said no the child needs to be in school and spend reasonable time with me. Judge ordered this. Hopefully a sign that final orders will continue to reflect this.

 

[AllForHer]

That's great to hear. Dad sounds like he's lacking insight if he just wants to keep the child out of school for four months - six if you include the holidays - on the whimsical idea that he will get sole parental responsibility and 100% care. Mindless.

In any case, keep rising above the drama. You're doing well.