QLD Missed Response Deadlines Family Law Initiating Application Parenting And Property

[Worn down mum]

Hi All,

Thanks for the replies, there were some valid points, which I would like to reply to.

As Sammy 01 pointed out, at times, the stress involved regarding children can be overwhelming. I think that statement also answers ThatBloke reference to me not reading posted answers. I was in a final exam, received a text from ex, reviewed orders posted only one day prior and was overwhelmed with anxiety, I couldn't even type a text (or post/reply apparently) and had to leave course.

I then in a panicked state, skipped replies to my post earlier in the day and rushed an urgent post hoping for opinions (not advice) trying to simply ask if anyone here had been through something similar. I did not proof read, I did not care, I was panicked. I hoped someone had heard of a Judge dismissing interim orders and notice of risk lodged by opposing party, making orders of his own in court and when orders were finally posted to file number, they were completely opposite.

I had posted a reply to this thread after reading S121 family law act earlier in that morning. After text from ex, my 1st post was immediately irrelevant. I by no means meant to appear arrogant, I sincerely appreciate the pull no punches replies offered here.

Going back to S121, it is very hard for me to get across clearly, what questions I am asking as much of my details are very unique (I am not special, it just is what it is) and I do not want to jeopardise matters before me. I hope that also addresses the point made about how I represent myself in court. In court, I do not have to hide details, I stay clear, concise and on point and follow all guidance from outside agencies such as WLS.

I read, read and re-read. I am extremely organised in paperwork and can show supporting documents that I have been more than fair, stay flexible and use nothing but respectful communications with my ex, in which none of that matters when other side uses an endless resource of money to win (I don't see children as something to win).

Again, I would like to sincerely thank all opinions and time given in replies. As it stands atm, I now get my children only 3mid-week nights and when I return to work, this will equate to about 9 hours a week time with them. They will no longer be able to see their best friends for adventures fortnightly, nor get the opportunity to see my family at all, I get no weekends. That is the conundrum that makes no sense to me. If anyone has suggestions on how I can appeal, I have to date, found no such way.

Thanks again, you are all sincerely appreciated.

 

[Lennon]

Most people here have been through family proceedings (either as a party or as a lawyer). The fact that you are becoming so stressed by the process that you can't send a text message is a real concern. I suggested that you go to the court and look at the court file so that you know what was filed by your ex's lawyers - have you done this? If not, why not?

You could (I would suggest should) also obtain a transcript of the previous hearing so that you can verify whether what you understood the judge to be saying is correct. I know in my case my ex sometimes *completely* misunderstood what the judge was saying - she seriously believed that he said the opposite of what he said until I obtained a transcript so that she could see for herself that she had misunderstood. It is possible, given that you are not familiar with court procedures and that you are (by your own account) so stressed that you cannot perform basic functions such as sending a text message, that you misunderstood what the judge said.

In relation to s 121, I think you are being overly paranoid if you maintain that you cannot provide basic (altered a little) information about age of children, arrangements prior to and since separation etc without breaching that section. It is virtually impossible for anyone to assist you without knowing what the dispute is about or what the history is.

This is the information for appealing family matters in Federal Circuit Court: Appeals Process in family law matters - Federal Circuit Court of Australia

 

[Worn down mum]

Hi Lennon,

Thanks for your time, reply and the appeal link. I have been using the commcourts web portal and from the date I signed up, I have been able to view all documents lodged prior to the court date. Their online chat is also very helpful.

The orders were only posted Monday and there are still no new documents available (whatever ex's lawyer lodged post court date). I have also been searching where to find the court transcripts so I am 100% confident I was not confused. I am 99% sure I wasn't mistaken and the three support people with me in court agree my notes were exactly what the Judge had said/ordered. Your suggestions are appreciated and I have been searching for transcripts etc, I am just time / cash poor atm and haven't had any luck finding documents, but I will keeping looking.

Regarding the stress issue. I am aware my ex tries any means possible to push my buttons. The more I continue with respectful and courteous replies, the nastier communications become. Sometimes the ugly tactics work and like the other day, the behaviour and lengths ex goes to seek revenge on me for "ruining his life" frightens me. I get anxiety. I do have serious concerns for my children, not for physical abuse, just the mind games they are involved in. At 5 & 7, they should be shielded from our separation, not used like pawns in a chess game. Good mates remind me not to give ex the reaction he seeks, so the majority of the time, I just focus on our kids and do my best to ignore ex.

Thanks again to everyone in this online community who take the time and effort to throw out opinions and thoughts to try help random online people like myself.

As one worn down mum, your links and opinions are greatly appreciated.

 

[AllForHer]

Transcripts for Federal Circuit Court hearings must be purchased through Auscript.

 

[thatbloke]

Transcripts for Federal Circuit Court hearings must be purchased through Auscript.

And they are more expensive than cars!

 

[Lennon]

I have been using the commcourts web portal and from the date I signed up, I have been able to view all documents lodged prior to the court date. Their online chat is also very helpful.

If they file a document online (rather than over the counter) you will be able to view it in comcourts portal almost immediately. If they file a document over the counter you will see immediately on comcourts that a document has been filed, but you won't be able to view the PDF of the document.

But are you saying that no document is showing up on comcourts as having been filed? If nothing is showing up, why do you believe that your ex's lawyers filed something additional?

And they are more expensive than cars!

I paid about $350 for each transcript of the directions hearings we attended, well worth it in my case.

 

[Worn down mum]

Hi All,

OMG! Thanks for the heads up with your replies. All really helpful. If transcripts cost more than cars, I'm lucky there, friends just chipped in and gave me one. $380 sounds like money well spent in my case. And last, no new filed documents have appeared on the available files etc on Commcourts. Why I believe a document has been lodged is firstly, I received a letter from ex's lawyer stating that's what they had done.

Second, I wrote word for word as Judge spoke and my three support people, were as shocked as I was when Orders were finally posted. Orders made in court extempore were very clear, ex was granted fortnightly weekends and half of school holidays with our kids.

Orders posted have me with no weekend time and only 3 nights a week in my care, but also contradict themselves when order states children shall live primarily with their mother.

Anyway, thanks again. You guys and girls rock. Have a great weekend.

 

[Bay]

Hi worn down mum. Take a breathe it’s a long process. If the interim orders have been sealed and uploaded to the comm courts portal and are wrong (not what was ordered by the Judge in court on the day) you can email their associate using what they call the slip rule to have the orders correctly immediately.

I’m in a very similar boat to you but never let the kids be taken. I did a private application for DVO it was granted not easy but regardless if you are self represented they will be flexible if you are seen to be making a genuine effort to move things forward.

The info you received from their lawyers saying new stuff filed was it sealed and actually served.

Finally don’t be scared by threats of costs orders, they don’t happen regularly and are used on me to try to intimidate.

Long story but I had orders sealed wrong spent a year with ex playing games not returning children when they should be.

When the further mention occurred no surprise Judge not happy and immediately ordered the transcripts from the year before and corrected orders. That’s why I say use the slip rule if the Judge wants clarification they themselves will order copies of the Auscript transcript and you won’t be out of pocket if you are correct (or that was my case anyway.

Current situation for me now after 8 times in court so far the ex gradually being seen for what he is and now has children (x3) every second weekend and half school holidays.

I haven’t even got to a hearing yet so be very patient and breathe.

Also use the free legal services, I go to women’s legal, legal aide phone advice and neighbourhood centre free legal service. Before I file anything I go over it with all three places and get the opinions of each. Definitely helps.

I’ve been in court since 2015 there doesn’t look to be any end in sight yet.

Good luck, stay strong and my advice, don’t overthink.

 

[nat 2015]

Hi.

I'm a 1st time forum user and would sincerely appreciate any help given. I am due to appear this Wednesday, tomorrow at the Federal Circuit Court for Parenting and Property Matters. I have not filed any response, so my most urgent question is, can I apply for an extension and if so, how do I do that? What happens in family court Wednesday when I have not filed any response?

I am representing myself. Is there anything I can do to get more time?

Overview:

Separation date 12/03/2017 - opposing party took our then 6 & 4 years old children without my consent.

Opposing party is asking for 50/50 week to week exchange arrangement. There has been a notice of risk for psychological abuse lodged against myself (which I can disprove) solely asking for control of where the children go to school from next year. I would be entitled to legal aid.

Property pool has been omitted and poorly estimated and 1st contacted 07/04/17 demanding I vacate home with joint mortgage within 4 weeks. I alleged Domestic Violence May 2017, was granted 9 condition temp order. A 10 page affidavit was lodged by opposing party.

I lodged a 199 page Annexed to N response with documents to support all allegations. There are 2 affidavits that are now lodged by opposing party which I think 90% can be discredited from bits of 199 response. DV Order was dismissed in Sept 17 as I missed court. I am drowning in paperwork. Two kids present trauma indicators that desperately need routine with both parents without risk. Opposing party still continues to involve kids in all aspects of separation. Worn down mum.

Can anyone please tell me if I have any options or even just straight up if my situation is futile?

hi i feel your pain, i am still going thru this BS i would like to Private message you but don't think you can on here.

 

[Worn down mum]

Hi Nat 2015 and everyone else,

Thanks for your reply Nat, I am really hoping that your BS isn't related to 2015. That's a long time for BS to continue. My BS is still ongoing and I have been bombarded with paperwork from the other side. As of the 12/5/18 to now, I have received 27 letters with four affidavits attached that all have different statements and financial estimates. I think the tactic was to intimidate and exhaust my time. Lol, it worked!! Just as I finish a reply, I am hit with new letters which make my response redundant. So, I start on a new reply.... Yep, going round in circles drowning in paperwork.

Anyway, I'm still hopeless when it comes to forums but if you find a way to PM me I'm happy to reply.

I found this community a great help. I appreciated all comments, be them good, bad or indifferent and hope that when my BS is final, I will be able to offer other users opinions based on my own experiences. I found some of the opinions offered to me really helpful as they pointed out something I had overlooked or not thought of.

Awesome community, thanks everyone. I'm still battling, but keeping my head above water... Just