Yes, because at this stage you do not know if it will be delayed. Most likely it will be, but you cannot be 100% sure atm.
QLD Interim Hearing with No Affidavit from Mother?
- Thread starter Jake Matherson
- Start date
Yes, because at this stage you do not know if it will be delayed. Most likely it will be, but you cannot be 100% sure atm.
Glad to be of help. Also maintain the request for drug testing (hair follicle, every 8 weeks) in this strategy.
Tell judge you're happy to pay for hair follicle testing every 8 weeks for both parties should you be given 3 nights a week and 2 days.
winner.
winner.
I don't fancy your chances of 'telling' the judge anything. And paying for the drug testing does not automatically entitle you to tell - let alone ask the judge for 3 nights a week.... We're talking about a 15 month old 3 nights a week?
My interim and final orders include requesting hair follicle testing of the mother. I offered to pay for the first one and subsequent tests to be paid by the mother.
I have no objections to me being tested also if it means more time with the child. Just don't need the additional expense.
Prior to family report I provided the ICL with a clean pee test to start a history of clean results should further testing of me occur. This was a self requested test there was no orders for me to do so.
Child has attended full time day care since 7 months old. (besides the part where she fell off the rails and "worked from home" for a few months)
There are no separation issues for the child and either parent.
Child has equal attachment with both parents.
So it is not a question of removing a child from the mother when the child does not want to be removed.
The current recommendation of 5 times per fortnight between 10am and 3pm is not ideal in my opinion. No overnight time and both mother and I work full time. (I will have days off work for the purposes of being with my child if required).
I am just trying to maximise the time awarded to me in this interim period as i understand the next time i might be awarded additional time could be many months away. 6 months on the above schedule would be painful.
I have no objections to me being tested also if it means more time with the child. Just don't need the additional expense.
Prior to family report I provided the ICL with a clean pee test to start a history of clean results should further testing of me occur. This was a self requested test there was no orders for me to do so.
Child has attended full time day care since 7 months old. (besides the part where she fell off the rails and "worked from home" for a few months)
There are no separation issues for the child and either parent.
Child has equal attachment with both parents.
So it is not a question of removing a child from the mother when the child does not want to be removed.
The current recommendation of 5 times per fortnight between 10am and 3pm is not ideal in my opinion. No overnight time and both mother and I work full time. (I will have days off work for the purposes of being with my child if required).
I am just trying to maximise the time awarded to me in this interim period as i understand the next time i might be awarded additional time could be many months away. 6 months on the above schedule would be painful.
Poorly worded on my behalf...
I doubt he'll get 3 nights, but ask for 3 and get 1 is what I reckon it will be.
I was in an almost identical situation as Jake Matherson, right down to the age of my daughter who was 15 months old at the time of interim hearing. On an INTERIM basis, which lasted approx 15 months until final orders were made, I got every Tuesday 9am-3pm, every Thursday night to Friday Morning (overnight) 4pm-10am and every Sunday 9am-3pm plus special occasions of course like childs birthday, fathers day and fathers birthday + christmas eve overnight/christmas day etc...
Update: I received mothers affidavit 7:30am the day of the hearing. It was filled with obvious errors and was prepared in haste.
Her lawyer clearly had no idea what was going on (not her fault).
Due to circumstances resulting in the mother being hospitalised the day before the hearing the mother was not in attendance.
Having not had my boy with me for 4 months court order was made. Mother is to return child to father by 4pm.
Child is to live with father.
Mothers lawyer to file new up to date documents and we all return to court next week to asses the living arrangements based on updated info.
For this week at least. My boy is home.
Her lawyer clearly had no idea what was going on (not her fault).
Due to circumstances resulting in the mother being hospitalised the day before the hearing the mother was not in attendance.
Having not had my boy with me for 4 months court order was made. Mother is to return child to father by 4pm.
Child is to live with father.
Mothers lawyer to file new up to date documents and we all return to court next week to asses the living arrangements based on updated info.
For this week at least. My boy is home.
So things have been a little hectic but I think it's time for another update.
Mothers affidavits written by her lawyer aren't worth the paper they're written on.
I am not a lawyer and I am confident in saying that I produce work to a much higher standard.
Now it's not entirely the lawyers fault. The mother is self destructing and would have supplied terrible information for the lawyer to work from.
This has resulted in the lawyer withdrawing from representing the mother. Also probably due to not being paid.
Interim hearing had orders handed down for the child to live with the paternal grandparent pending the return of hair follicle drug testing and a Psyc assessment of both parents. (I will pass, more on mother a bit further down)
The reason they are giving me a hard time is I still have a pending DV case going on from back in January. The family courts want that sorted out before they make any decisions for the child to live with me.
So in the interim I live with my parents and be with my child every day until I get the all clear from all the tests and assessments and clear my name of the DV stuff. (This will happen..... eventually)
Mother and I entered Into a parenting plan for this interim period. Parenting plan was written so that the paternal grandmother has ultimate power over everything.... times, places, supervision etc. (This is good for me)
Mother has ignored about 3 or 4 of the court orders made so far, notably the ones to submit for drug testing and provide results. (I complied with clean results).
For this reason and other obvious reasons to me and my family the mothers time spent with the child is always supervised and at my parents house.
I am free to do as I wish during my time with the child.
Next speed bump. During mothers time with the child over this past weekend drugs were found to be in her possession (Whoops!)
So I've filed another affidavit served it on the ICL and mother and am waiting for the next lot of fireworks.
Mother will now have even more reduced time with the child due to ongoing safety concerns.
Previously she was allowed overnight time at my parents house supervised however now it will be a few hours a week and she will have to return home. (If the ICL recommends something different we will follow that recommendation)
Directions hearing in December.
I will seek trial dates and try and get this matter finalised with the child living with me and sole parental responsibility based on a well documented history of unacceptable risk for the child to be with the mother.
That's the plan anyway.
Mothers affidavits written by her lawyer aren't worth the paper they're written on.
I am not a lawyer and I am confident in saying that I produce work to a much higher standard.
Now it's not entirely the lawyers fault. The mother is self destructing and would have supplied terrible information for the lawyer to work from.
This has resulted in the lawyer withdrawing from representing the mother. Also probably due to not being paid.
Interim hearing had orders handed down for the child to live with the paternal grandparent pending the return of hair follicle drug testing and a Psyc assessment of both parents. (I will pass, more on mother a bit further down)
The reason they are giving me a hard time is I still have a pending DV case going on from back in January. The family courts want that sorted out before they make any decisions for the child to live with me.
So in the interim I live with my parents and be with my child every day until I get the all clear from all the tests and assessments and clear my name of the DV stuff. (This will happen..... eventually)
Mother and I entered Into a parenting plan for this interim period. Parenting plan was written so that the paternal grandmother has ultimate power over everything.... times, places, supervision etc. (This is good for me)
Mother has ignored about 3 or 4 of the court orders made so far, notably the ones to submit for drug testing and provide results. (I complied with clean results).
For this reason and other obvious reasons to me and my family the mothers time spent with the child is always supervised and at my parents house.
I am free to do as I wish during my time with the child.
Next speed bump. During mothers time with the child over this past weekend drugs were found to be in her possession (Whoops!)
So I've filed another affidavit served it on the ICL and mother and am waiting for the next lot of fireworks.
Mother will now have even more reduced time with the child due to ongoing safety concerns.
Previously she was allowed overnight time at my parents house supervised however now it will be a few hours a week and she will have to return home. (If the ICL recommends something different we will follow that recommendation)
Directions hearing in December.
I will seek trial dates and try and get this matter finalised with the child living with me and sole parental responsibility based on a well documented history of unacceptable risk for the child to be with the mother.
That's the plan anyway.
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