VIC Family Law Regarding Amended and Re-amended Responses?

[Lennon]

So at Interim hearings you can be refused unsupervised access and have the application thrown out, the same with supervised access, the same with residence but when you get to final hearing you can get everything that has previously been dismissed at interim hearings ?

Absolutely - for the reasons stated by AllForHer. Evidence is not tested at interim hearing so ordinarily judges will only make orders that do not require a determination of facts. It is often the case that orders which were sought but not made on an interim basis will be made at a final hearing.

This is what happened in my case. My ex would not agree to my children seeing me more than twice a year. I wanted to see them every school holidays plus have the ability to see them when I was in their State. The judge didn't make these orders at the interim hearing because my ex refused to agree that it was in the children's best interests to see me every school holidays. The judge said he "didn't know what was going on with these kids" so made orders that didn't require him to determine whether they should spend the time with me that I asked for.

My ex walked away from the interim hearing believing she was "winning" and that the judge was on her side, because he made the interim orders that she asked for.

At the final hearing the judge heard evidence from my ex and I and realised that *nothing* was going on with the children, and made all the orders that I had asked for in my response. All of them (and I had asked for the same orders on an interim basis and a final basis, so effectively the orders that I did not get at the interim hearing were made on a final basis after the final hearing).

I'm disappointed that after so many years in the court system absolutely nothing has been resolved and that the only way it would ever of been resolved is if I had not spent years needlessly wasting my time consenting to orders I didn't agree with, I may well have got it through the court door for final hearing much sooner. The court tells you the only way you can provide evidence is by way of affidavits, yet when you do that they do not read them nor consider the evidence therein.. they wait years down the road and tell you to do it all again for final hearing because you can't use the ones you've done for your evidence in chief .. what a joke!

Are any of the orders that you consented to final orders?

If you don't want to re-do the affidavit you have already filed and think it says everything it needs to say and nothing more, then just re-swear it and file it as your trial affidavit.

 

[Malissla]

Absolutely - for the reasons stated by AllForHer. Evidence is not tested at interim hearing so ordinarily judges will only make orders that do not require a determination of facts. It is often the case that orders which were sought but not made on an interim basis will be made at a final hearing.

This is what happened in my case. My ex would not agree to my children seeing me more than twice a year. I wanted to see them every school holidays plus have the ability to see them when I was in their State. The judge didn't make these orders at the interim hearing because my ex refused to agree that it was in the children's best interests to see me every school holidays. The judge said he "didn't know what was going on with these kids" so made orders that didn't require him to determine whether they should spend the time with me that I asked for.

My ex walked away from the interim hearing believing she was "winning" and that the judge was on her side, because he made the interim orders that she asked for.

At the final hearing the judge heard evidence from my ex and I and realised that *nothing* was going on with the children, and made all the orders that I had asked for in my response. All of them (and I had asked for the same orders on an interim basis and a final basis, so effectively the orders that I did not get at the interim hearing were made on a final basis after the final hearing).



Are any of the orders that you consented to final orders?

If you don't want to re-do the affidavit you have already filed and think it says everything it needs to say and nothing more, then just re-swear it and file it as your trial affidavit.

It's unfortunate that she needlessly put you through that, I'm sorry she did. Yes, or I could amend it and re-file but still a lot of work..My situation is vastly different from yours. I have a history of what is described by the professionals involved as significant family violence, against me and the children. we was advised by Child Protection to flee to an undisclosed address. any time spent must be supervised, CP set that rule down.. years later the kids give up and don't want to see him anymore, now I have CP backing them, the family report recommends they live with me and no unsupervised access, even supervised access come with a caution, and the kids just refuse to go.. Family report states he could be considered as an unacceptable risk.. I'm tired..tired of all of it.. no none of the orders i consented to are final orders. In fact we have no final orders because even though the trial date has been set, we are told to amend Initating application and response