Hi and good morning,
I am currently representing myself in a family law matter with my ex-husband. We are both seeking changes to our parenting orders. My changes are minor while they are requesting drastic changes. We were previously in family court in late December for an emergency hearing (on schooling matters) that was ruled in my favour and are due to reappear for the other matters that were adjourned until March this year.
We are sitting in front of the same judge we had prior 5 years ago on separation and who ruled on our case then. Prior to opening statements in December, the judge halted proceedings to clarify with the respondent on what was the actual care arrangements between the parties as all of their paperwork (including a form 4 for child abuse / neglect) did not reflect the ruling that was issued in 2014 of: 50 / 50, week on / week off shared care and instead represented their care as school finish on a Friday afternoon until 530pm on the Sunday evening – it is on record that is grossly inaccurate and the respondent and their legal team put it down to ‘an error’? On all of their filings?
Anyway, moving forward … it has now come to my attention that there is another substantial error in the respondent's affidavit, claiming they are employed on a Monday to Friday basis from 7am to 4pm which is not the case at all. They have recently undertaken new employment in early December (prior to signing their affidavit and worked in that capacity prior to signing their affidavit) and is actually employed in a Fly In Fly Out capacity of 8 days on and 6 days off. So yes they have lied on their affidavit, again or at least mislead the court.
I generally don’t and wouldn’t have any concerns with this; however, the respondent in their filings including the Form 4 of child abuse / neglect has filled for a change of care to 100% in their care. Noting that the initial application by myself they responded to, raised concerns to the amount the respondent outsources their care already in the 50 / 50 share agreement.
Considering that working FIFO 8 days on / 6 days off is grossly inaccurate compared to Monday to Friday 7am to 4pm and them requesting for the change of care to 100% their favour, their affidavit is misleading and they have failed to give the court full and frank disclosure. We are nearing 3 months since the affidavit was signed and filed to the court and they have not made an amendment or anything, and I am not legal enough to know if they should have amended it? Especially as when it was signed, it was incorrect anyway.
I will add that the judge noted on record in December the timing of the respondent’s accusations and the parties not being able to agree on a high-school for their children was notably a coincidence and the respondent's legal team advised this was due to ‘Still gathering evidence’. With the new employment now coming to light and the request for 100% care based on neglect and abuse, it is a noticeable coincidence again that it is reasonable to believe the respondents income will be increasing and the change of care to 100% would remove if not eliminate them from financial responsibilities of child support that I would expect to increase with this new employment. Coincidence? Perhaps? Though I highly doubt as that’s 2 very favourable coincidences to the respondent in the one case. Withholding the information or making an 'error' is more favourable to their situation.
How do I address this to the court as understandable the new information will certainly have an impact on the court’s decision? And the court is currently under a misleading view.
Thanks for your help
I am currently representing myself in a family law matter with my ex-husband. We are both seeking changes to our parenting orders. My changes are minor while they are requesting drastic changes. We were previously in family court in late December for an emergency hearing (on schooling matters) that was ruled in my favour and are due to reappear for the other matters that were adjourned until March this year.
We are sitting in front of the same judge we had prior 5 years ago on separation and who ruled on our case then. Prior to opening statements in December, the judge halted proceedings to clarify with the respondent on what was the actual care arrangements between the parties as all of their paperwork (including a form 4 for child abuse / neglect) did not reflect the ruling that was issued in 2014 of: 50 / 50, week on / week off shared care and instead represented their care as school finish on a Friday afternoon until 530pm on the Sunday evening – it is on record that is grossly inaccurate and the respondent and their legal team put it down to ‘an error’? On all of their filings?
Anyway, moving forward … it has now come to my attention that there is another substantial error in the respondent's affidavit, claiming they are employed on a Monday to Friday basis from 7am to 4pm which is not the case at all. They have recently undertaken new employment in early December (prior to signing their affidavit and worked in that capacity prior to signing their affidavit) and is actually employed in a Fly In Fly Out capacity of 8 days on and 6 days off. So yes they have lied on their affidavit, again or at least mislead the court.
I generally don’t and wouldn’t have any concerns with this; however, the respondent in their filings including the Form 4 of child abuse / neglect has filled for a change of care to 100% in their care. Noting that the initial application by myself they responded to, raised concerns to the amount the respondent outsources their care already in the 50 / 50 share agreement.
Considering that working FIFO 8 days on / 6 days off is grossly inaccurate compared to Monday to Friday 7am to 4pm and them requesting for the change of care to 100% their favour, their affidavit is misleading and they have failed to give the court full and frank disclosure. We are nearing 3 months since the affidavit was signed and filed to the court and they have not made an amendment or anything, and I am not legal enough to know if they should have amended it? Especially as when it was signed, it was incorrect anyway.
I will add that the judge noted on record in December the timing of the respondent’s accusations and the parties not being able to agree on a high-school for their children was notably a coincidence and the respondent's legal team advised this was due to ‘Still gathering evidence’. With the new employment now coming to light and the request for 100% care based on neglect and abuse, it is a noticeable coincidence again that it is reasonable to believe the respondents income will be increasing and the change of care to 100% would remove if not eliminate them from financial responsibilities of child support that I would expect to increase with this new employment. Coincidence? Perhaps? Though I highly doubt as that’s 2 very favourable coincidences to the respondent in the one case. Withholding the information or making an 'error' is more favourable to their situation.
How do I address this to the court as understandable the new information will certainly have an impact on the court’s decision? And the court is currently under a misleading view.
Thanks for your help
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