QLD Help with Completing an Application in a Family Court Case?

[Bigbro]

Hi All

The full back story is on this earlier thread - Should I help my sister with this?

But in short:

My sister's MIL has my sister's two children in her custody and has filed for family court (the applicant). MIL is seeking sole parental responsibility, sole custody of children with phone access for my sister twice weekly and supervised (care center) visits with 14 days notice. The children's father is deceased, my sister has a history of heavy drug use.

I have read the MIL's affidavit and it contains many untruths. For example, she has stated that my other family members have not bothered for months to see the children although I have emailed numerous times requesting physical contact for myself, my mother and nieces and nephews. Any contact was denied until recently.

I have also been misquoted in her affidavit and would like to file my own affidavit with the actual emails annexed to clear things up.

My sister is yet to file a response affidavit but will most likely down play or totally deny her drug use. DOCs have been involved and she was investigated at one point because of the drug use.

If I were to write my own affidavit neither party would particularly like what I would have to say. The alienation of my entire family by the MIL would be exposed and my sister's drug use would also have to be mentioned as it is a large part of how the current circumstances came to be.

I am considering filing an application in a case to have my affidavit heard and was wondering if anyone has been in a similar situation?

My main concern is securing orders that allow for contact with the extended family members.

Would I have to detail these orders when lodging an application in a case?

My sister and the MIL have met for mediation but the issue of contact for other family members was not discussed. My sister wants the children back in her care full time and is simply too selfish to consider the relationships of the children with her other family members.

Any help would be greatly appreciated.

 

[Lennon]

Are you a party to the proceedings? If not, what is the basis on which you would file the application and affidavit?

 

[Bigbro]

No, I am not currently a party to the proceedings. My understanding, and I may be wrong, is that if I file an Application in a Case (that is accepted) I would become a party.

I was given this advice from a free community legal center.

The basis would be that (although an uncle and not a parent) I can demonstrate an ongoing relationship with the children and can show that I have been concerned with the care, welfare and development of the children.

I have documented proof of my attempts to mediate reasonable care arrangement between both parties. I have been mentioned numerous times in the paternal MIL's affidavit and will likely be mentioned in my sisters response when she gets around to filing it.

My sister lived with me for a period of time while she was attempting to get her life together. We were visited by DOC's who began an investigation prior to her moving in. The case was closed as the investigation officer was satisfied the children were safe while they were living under my roof. I communicated email updates with the investigating officer a number of times.

The court has so far ordered that an independent children's lawyer prepare a family report,
The family report writer is requested to, among other things, profile significant adults in the children's life.

The court has also ordered that the department of Child Safety and Disability Services provide any information relating to the children and both parties. My name is likely to come up in such reports due to my communications with the investigating officer.

I'm not sure if I should sit tight and hope to be contacted by the person responsible for collating the family report or be proactive and file an Application in a case.

My main concern is that without input from extended family members orders may be issued that only provide access for the current two parties and extended family (myself , mother etc.) may not be considered for access to the children.

 

[Rhonda Lee59]

You can apply to become an Intervener. That's what i now am. Look at the Family Law court site online and look for Intervener...

 

[Bigbro]

Thank you for your reply Rhonda.

I looked up intervener and it seems I must still file an application in a case to become and intervener. Is that what you did? If so could you provide any tips on filing the required paperwork?

 

[Rhonda Lee59]

I was very lucky as the magistrate invited me into the case. but yes you must file a Form 1A- Response to Initiating Application and a Case Information Affidavit.

You can write a cover letter to the Magistrate or the Principal Registrar and attach it the above forms when filing. There is a family law no that you can call and it will tell you how to proceed. m from WA so our laws and some things may be different in Victoria.

It's a long process and at times very confusing, I'm continually making mistakes and learning from them. It becomes very overwhelming and at times Daunting, all I can say is hang in there and if unsure get advice from a Lawyer. They are more than willing to help you, but have you represent yourself, so costs are kept to a minimum.

I hope this helps. Good luck

 

[Bigbro]

Thank you so much for taking the time to respond Rhonda,
I read your thread and wish there was some advice I could offer.
I can't help but I can certainly sympathise.
It's so frustrating trying to maintain relationships when the one person who could make a difference is incapable or unwilling to because of addiction.
Hang in there, best of luck.

 

[Rhonda Lee59]

Yep I'm hearing you. I hope you manage to sort this. Somebody needs to be a voice for the kids. Take care and good luck