QLD Missed Response Deadlines Family Law Initiating Application Parenting And Property

[sammy01]

You're in family law right?

Not prove my ex is a bastard court right?

Family court doesn't care that you were left without money at the petrol station or that there was a pattern of controlling behaviour. No judge is going to say to him... "You have been found guilty of being a nasty controlling man"

Sorry but you're approaching this all wrong...

Financials - you need to show what you guys have (assets) and why you should get XX% more than him... The fact that he is a bastard is not a point for consideration...

Kids - you need to show why you think it is not in the best interests of the kids to have less than 50/50 care.

If you submit 199 pages of anything... It won't be read. Forget it. Waste of time... You have been told this by several people now... True?

 

[Worn down mum]

Hi Jennifer and Sammy01

Thanks for replies. When not trying to write an essay on beginning question, I must have confused my matters. DV stuff was last year and has nothing to do with my present Family Law Matters. I mentioned DV as it contained documents needed to discredit affidavits lodged by ex and co. in current matters. As it turned out, they weren't needed as Sammy01 so beautifully said (not sarcasm) The Honourable Judge in professional speech said just that, it's Federal Curcuit Law Courts, not wildly insult, accuse and ex is a b#t#h court.

So, just to clarify, I have questions regarding Family Law and I apologise for confusing the matter by bringing up DV stuff.

I appreciate everyone's replies and have definitely taken on board, short affadavit and other documents is the way to go.

My serious question is, for a year, kids are being involved in separation issues. I had believed as we all love them, this would stop. It hasn't and kids come back more confused after each visit. It is clear cut Family Violence, with enough to support my allegations. I want both parents in their lives, I don't care about assets, but I am now questioning what really is in our kids best interests?

There is no physical violence and ex and co. have endless $$ resources, yet continue to involve children to a point of they know more than me sometimes about my separation. I want both parties involved in their lives , but I am now extremely unsure whether that is the safest choice for kids atm and really don't want to go to court on family violence grounds.

Any opinions appreciated.

Thanks again Jennifer and Sammy01 for your time and replies.

 

[thatbloke]

Please do not take this the wrong way but the judge is not going to give too hoots about many many pages of annexures based on your feelings or even about financial transactions. All they will care about is a copy of any DVO/AVO and even then, by the time it gets to final hearing, this will probably be a minor thing This is about time spent with kids yes?

I stand by my opinion that you should not be including anything that bulks out this affidavit like you are doing. Proving financial abuse is not going to affect time spent between dad and kids or mum and kids. Thing very carefully on what i am saying. It's totally irrelevant for what you are in court for. (Unless i have got this wrong) and you will be annoying whatever judge you sit get in front of.

Again, not having a go.

 

[AllForHer]

I don't care about assets, but I am now questioning what really is in our kids best interests.???

Have a read of section 60CC of the Family Law Act 1975: FAMILY LAW ACT 1975 - SECT 60CC How a court determines what is in a child's best interests

This covers what the Court considers when determining what's in a child's best interests.

You haven't really been clear about what kind of 'involvement' the kids have had in the separation, but you have said there hasn't been any physical violence, so the likelihood of the Court agreeing that whatever you're alleging is 'clear cut family violence' is pretty slim. FamCA and FCCA are both a lot more strict on their definitions of family violence in applications for parenting orders than the State Courts are in applications for domestic violence orders. The bottom line is that even if dad is being a jerk and telling the kids that you're a horrible person as a result of the separation, they still have a right to have a meaningful relationship with him.

 

[Rod]

I agree with AllForHer.

State legislation is a different beast where financially controlling behaviour can be enough to justify a IVO, at least in Vic.

 

[Worn down mum]

Hi All,

Thanks for your replies. I appreciate all opinions and suggestions. The DV stuff is a past issue and not related to my current Family Law Matters. It did contain documents that disproved lodged affidavits for the Family Law Matters, but the Honourable Judge threw out opposing party's application, so I didn't need any of it.

I will not be referencing or using any DV stuff in Family Law Matters and have taken on board suggestions of keeping everything short and on point.

Could someone help with another question please? Can opposing party's lawyer make me negotiate with ex, not them? Outside court, I only dealt with lawyer, we only had to agree on dates, they walked out without agreement and now I am told by lawyer I am to negotiate dates with ex, not them, can they make me do that? I am happy to comply entirely with The Honourable Judge's orders, but do not want to be negotiating with a person who lodged affidavits full of unfounded allegations and lies, unless I legally have to.

Thanks again for all previous replies, very appreciated.

 

[thatbloke]

Hi All,

Thanks for your replies. I appreciate all opinions and suggestions. The DV stuff is a past issue and not related to my current Family Law Matters. It did contain documents that disproved lodged affidavits for the Family Law Matters, but the Honourable Judge threw out opposing party's application, so I didn't need any of it.
I will not be referencing or using any DV stuff in Family Law Matters and have taken on board suggestions of keeping everything short and on point.

Could someone help with another question please? Can opposing party's lawyer make me negotiate with ex, not them? Outside court, I only dealt with lawyer, we only had to agree on dates, they walked out without agreement and now I am told by lawyer I am to negotiate dates with ex, not them, can they make me do that? I am happy to comply entirely with The Honourable Judge's orders, but do not want to be negotiating with a person who lodged affidavits full of unfounded allegations and lies, unless I legally have to.
Thanks again for all previous replies, very appreciated.

Eventually you are going to have to do that in the big bad real world. You cannot use Lawyers forever and insisting every arrangement goes via a lawyer can be a big negative towards your case/argument. If there were no allegations then you would not be in court, it's the nature of the beast but you have to move forward at some point.

In reality how hard can it be to write or reply to a shot SMS of email? I have had to do it, for years, to people i would rather tar and feather but I do, because it's life.

Just out of curiosity why do you keep saying "the honorable judge?"

 

[Worn down mum]

Hi That Bloke,

Something you might not hear a lot. I 100% agree with you. All I can say is, when it comes to my children, I don't see my ex, I see their father. As such, I have done exactly what you said. I continue to refer the Honourable Judge, because he saw through the lies and legally helped my kids.

I was sincerely losing faith in our justice system and for the interim, he restored it and as such, I will speak of him, with the respect he is due.

Again, I appreciate your time and opinion and do 100% agree with you. Kids 1st always.

 

[thatbloke]

Something you might not hear alot. I 100% agree with you

Actually, it happens all the time

 

[Worn down mum]

Actually, it happens all the time

Hi That Bloke,

It's good to read that you are right most of the time. . No one is perfect. I have appreciated your time and replies. A big thank you to yourself and everyone else who took the time to post.

I have one more question and as I confused matters with my poor explaining, I will start new thread (I think it's called that and yes, please have a giggle at the irony I am self representing, yet have no idea about forums or fakebook etc . I also seem to get out-smarted by my 'smartphone' alot!)

Thanks again everyone, your comments were sincerely appreciated.