Family Court and Consent Orders Issues

[Justmeandi]

Hi, all.

Here is the situation...

180k in a trust from house sale for the last 3 months under her instructions. Wife had consent orders drawn up with 50 percent of house each. Keep own super: me 93k, her 164k.

I have the three kids 2 nights per fortnight but no mention of this in her lawyers consent order proposal.
I am about to go to family court over access to my children. I want at least 4 nights per fortnight. We did mediation but I am jeopardising my job to see my kids by leaving work early two days a week for afternoon contact.

She has received an inheritance but I don't know how much.

I can't afford a lawyer but would like 5k from my share of the house sale trust to engage one. I just want to know where I stand. Can I access some of the money to engage a lawyer? Will the consent orders have a component about who has the children and will an adjustment me made in spite of the proposal? Can I be liable for court costs as threatened?

 

[Lance]

Hi,

I'm not sure if you have settled this matter, but I'll respond regardless. The consent orders your wife had drawn up are financial orders for the division of property so to the access discussion would need to be raised in parenting consent orders.

To release funds for a lawyer both parties would need to consent to this and your wife would be entitled to do the same. Generally speaking, in Family law matters each party is responsible for their own costs. If this matter has already been dealt with I would be interested to hear how you went.