NSW Pre action procedures & DVO

[Twix]

I have a DVO against my ex partner who is to make no contact unless through a lawyer, mediator, through court or as in agreed in writing between the parents about contact of children. Mediation was unsuccessful due to the history and nature of the DVO and we were issued a 60i certificate.

He sent me an email this morning directly from his own email account not a lawyer, informing me of his intention to commence family law proceedings (pre action procedures) Do I have to respond to this? I’m assuming I don’t due to the DVO and is this a breach?

 

[Atticus]

There is a requirement in pre-action procedures for one party to notify the other of intent to file along with other things ... Perhaps he can't afford a lawyer at this stage. That shouldn't prevent him for pursuing his right to commence proceedings in accordance with the requirements .... If you report it to the police, it will be up to them to decide if it's a breach & what would be an appropriate response by them.

You must respond, can do so via a lawyer if you wish

Read Step 3 & 4 in the following link, as well as ' Your obligations as a prospective party to a case'

Before you file – pre-action procedure for parenting cases (prescribed brochure) | Federal Circuit and Family Court of Australia

 

[Twix]

Thank you for clarifying, i would prefer to respond and settle our parenting matter outside of court if that’s even possible.

 

[Atticus]

i would prefer to respond and settle our parenting matter outside of court if that’s even possible.

Wise choice ... It is possible, in fact the whole idea of pre action requirements is for parents to identify what issues are in contention, & make a genuine effort to find a compromise that can then form the basis of either a parenting plan or consent orders without the need for courts or lawyers..

 

[sammy01]

offer to do mediation with Relationships Australia or any of the many govt funded mediation services.