QLD Joint Case Summary - whats required?

[Migz]

Hi All,

Things are starting to heat up with new orders from the judges chambers being released.
I would like some input being a self repper, into point (4) of the orders. Applicant = ex.

(4) That by no later than 4.00pm on 12 February 2018 and after consultation with the other party, the applicant is to file and serve a joint case summary document (maximum 2 pages), with respect to children’s matters, which set outs the following:
(a) The issues in dispute;
(b) An estimate of the number of witnesses; and
(c) The time required for the trial.

5. In the event that the case summary document referred to in the preceding Order is not filed in accordance with the time frame specified, a trial date may not be allocated at the trial callover.

What should go into a "Joint case summary" regarding issues in dispute...consider the ex won't agree to over 60 of my final orders.

Migz

 

[sammy01]

ok so you've got to summarise them.... Really? 60 things? fark - why not write down the things she does agree with... But seriously, summarise them... So instead of wont agaree to time on birthdays, special events, Christmas, holidays, easter, special family occasions. Just write dispute about the time the child spends with dad.

 

[Migz]

Sammy01, she doesn't agree with anything, it's the new tactic they are being taught and its working for them, agree to absolutely nothing and never discuss anything...you then get pigeon holed as a high conflict couple even though Dad has done all of the courses and parenting order programs. Enough of that, yes 60 odd, and well written and detailed, as the mother takes advantage of wriggle room. Remember she even failed to carry out her drug and alcohol testing on the 2nd Jan as per the court orders as the judge allowed to much wriggle room in the way the piece of crap was written.

 

[AllForHer]

Mate, I'll be blunt, I think you very much contributed to the D+A testing problem, and I'm still not clear on what purpose it serves when you're only seeking 50/50.

I also think you're overdoing it wanting 60 orders, no matter how well-written they are. At most, you want probably half of that, and I'd say about 20-25 orders is the average - parental responsibility, time spent with for regular care, special occasions and holidays, changeover arrangements, how the parties communicate and resolve disputes, plus the usual ancillary orders (authorities for service providers, etc.). If you need 60 orders for equal time to work for you and mum, then you probably don't cooperate enough for equal time to work for the kid.

But that's not the question at hand.

From what I understand of your case, the only real issue in dispute is how much time the child spends with you.

What orders is mum seeking?

 

[Migz]

Thanks Allforher, yes I did contribute to the D&A testing, as I didn't treat her a little kid, that needed to have their hand held through out the whole procedure, mind you I was able to carry it out. Anyway lesson learnt, and it gets re launched next week. But under the guidence of a step by step email. The 60 orders I will post on a new post as I think a few people who view this board would like the info.

Orders sought by Mother;
(a) That order 2 of the of the orders made 27 February 2017 be discharged.
(b) That the changeover occurs at XXX Supermarket, XXX, at the commencement and conclusion of the child’s time with the father.
(c) The child spend time with the father on the special days as follows:
(i) Father’s Day from 11am to 3pm,
(ii) Father’s birthday from 1pm to 5:30pm,
(iii) Christmas day from 8am to 12pm providing that the child spends boxing day with the mother; and
(iv) Child’s birthday from 12pm to 4pm.
(d) The father is only allowed to collect the child from the child’s day-care centre with the mother’s written consent or in compliance with the court order.

That is it in its entirety....

Judge passed all of them except for a and b. (A) was inrelation to the 7 hours a week I currently get over 3 visits. (B) pickup and drop off stayed at parent to parents house...

 

[Rod]

In relation to what the court is requesting, it is quite simple - everything is still in dispute.

wrt to:
(a) In practice this means that you need to communicate with the other side as per court orders, see what is still in dispute by going through what she wants and what you want, crossing off anything you agree on, then submitting the remaining issues to court - in a summary format. Keep in mind you're limited to 2 pages at this stage.
(b) should be easy to determine. Count her witnesses, count yours, add them.
(c) Guestimate only needed and will depend on how much time you think is needed to explain to a court all the issues in dispute in (a).

I can understand why you need the detail, but it is not needed at this step. The court just wants to work out what sort of issues are going to be discussed and how much time is needed so that can schedule a trial date. Think if it as an aid to scheduling.

 

[Migz]

Thanks Rod. Yes her lawyer left a message on the phone last night 6pm saying she was trying to make contact regarding the Joint Paperwork...I phoned back and left a message in return.

 

[Rod]

Read my post again - I added to it after you replied.

 

[Migz]

Rod, that makes alot of sense now, I can see that the whole thing is now just "time" based ie. how much "time" are we going to use up in court... LOLLL oh the irony, court wanting to work out how much of there valuable time you are going to use up while you fight for your daughter to spend more time with you....

 

[AllForHer]

Well, the long and short of it is that the only real issues in dispute are the time spent with arrangements and where changeovers should take place, as I understand it.

Let's talk about the changeover location.

Where do you want changeovers to take place? Are you opposed to a changeover at the supermarket for any reason?

For us, changeovers at our house were disastrous. Mum would lose her marbles if I even passed within sight of my front door - my own front door - during changeover. She felt that I shouldn't even be at my own house when she was there to pick their kid up. It got so bad that my husband ended up pursuing a DVO, and it was withdrawn on the day of trial because mum agreed to change the parenting orders and move changeover to McDonald's.

Household changeovers present an opportunity for conflict that is substantially mitigated in public locations - people are less likely to cause a disturbance, changeovers generally occur much faster, and there's no sense of interference or risk to safey in your own home.

So, why not just do the changeovers at the supermarket, and take one dispute off the list straight away?