NSW Interim and final application

[Louise too]

Can someone please help my brother.


as a result from previous post he has decided to make interim and final application to family court.

Ex refused mediation and my brother finally decided to go to court.

My brother has kids every Thursday afternoon
And from Friday arvo to Sunday.
However drop offs on Sunday afternoons is changing every week , ex refuses to take them last minute because she is tired or lying about working etc and makes father have them over night or late that evening. Or is simply not home when he drops them off.
Ex is also encouraging parental alienation which is a concern as the 10 yr old is behaving very disrespectfully against her dad

Ex admitted that she does not want my brother to have any free time to himself ( hence her making last minute changes to Sunday drop offs) however she does not want my brother to have extra nights because she can’t afford too. This is all said in txt.

Sometime ago Ex has accused my brother of awful things via txt , brother went to police and ex later admitted vis txt she lied.

She’s was also admitted to hospital 6 months ago for depression etc.

Continual daily abusuve txts to my brother

Instead of hv kids on her weekends off she has been going out with friends drinking and away in short trips with boyfriends. ( we hv evidence )

Hence court!

Please note dad is paying double child support , dance fees , excursions , birthdays , holidays car payment , car insurance , rego , house insurance and contents

Can the ex respond to interim order ?
Is it best to keep interim orders simple so ex as less reason to buy time and keep objecting to interim orders ? And make unreasonable requests ?

Eventually brother would like kids from Thursday after school to Monday morning drop off at school every 2 nd weekend. And every Thursday afternoon So he can still take kids to dance and dinner in off week.

Is he best to put this in interim orders. Or just in final order. ???

 

[Rod]

Can the ex respond to interim order ?

Most definitely yes.

Is it best to keep interim orders simple so ex as less reason to buy time and keep objecting to interim orders ?

No. You apply for the orders you want regardless of whether they are simple or not. The key point is they be realistic and workable.

And make unreasonable requests ?

Who is making unreasonable requests? If other side outside of court, ignore them. If at court in court papers, then respond to them.

Is he best to put this in interim orders. Or just in final order. ???

Both. Final orders can be a duplicate of the interim orders.

 

[Louise too]

Ok. Thank you again for your time to reply.

How long from making application to court date , does it depend on how long it takes ex to respond or what she responds with?
What if ex does not agree with interim order and responds with different care plan does application still go ahead with 2 different orders form each parent ?

Is it unreasonable request to go from every weekend ( Friday to Sunday afternoon ) for the last 12 months to every 2 nd weekend from Thursday to Monday morning. ?
To have kids longer blocks of time , so there is no contact with ex and so mum has chance to spend time with kids on alternate weekends ?

 

[Rod]

I don't know current times in NSW. Just depends on court load. You can call the court for an estimate.

If ex submits different orders the court will decide which set, or a mix of orders, is to be applied.

The request you mention is not unreasonable if there are no proven evidence of family violence.

 

[Louise too]

I don't know current times in NSW. Just depends on court load. You can call the court for an estimate.

If ex submits different orders the court will decide which set, or a mix of orders, is to be applied.

The request you mention is not unreasonable if there are no proven evidence of family violence.

Thank u again.
No def no family violence.

So does he provide things like txt msgs of ex changing times every Sunday and her conditions when he does drop them off. For example she demands him to don’t drop kids off if he does not have bottle of wine or extra money etc. hence why he wants to make orders to pick up from school and drop off at school.

as well as txt msg she sends regarding trying to turn kids away from their dad ? Can he incl no parent bad nothing ?

What if mother is claiming she works every weekend and can’t have kids. ? Should he include Facebook posts and msg of her going away and out ?
We are not too sure how far we should go , if it’s worth trying to make orders without including mum hv kids at least on some weekends so my brother and catch up on his work on his alternate weekends without kids. As he is very very low on funds at the moment. And work keeps nagging him to put in extra hours.

Ok. So can I ask why people say that court is long drawn out process. ???

When final application is heard does the magistrate make them go to mediation again. Or does magistrate make a decision on that day ?

 

[Rod]

A court will not force a parent to take extra time.

The judge will not normally force parties back to mediation a second time.