QLD Self-Representing in Federal Circuit Court - Question About Admissibility?

[SelfRepHelp]

I have a question about evidence and admissibility in Federal Circuit Court.

Last year, before this all became messy and court related, I attended mediation with my former husband.

It was over schooling. Without going into all the detail, I was very upset/emotional at mediation, it was one of those rare times. I should have done better. After 4 hours, I wanted to get out of there. At the end of mediation, we signed a short agreement that said the children remain where they are, unless we come to another agreement. And that the we'd both continue their enrolments at the other private schools to keep that option alive.

As I was never going to agree to have this made an order of the court, I didn't see an issue signing it. Status quo etc.

Also, I'd already had in mind that I would organise further mediation. Which is tried to do. It failed. We didn't even get there. And so I was issued with the relevant Family Dispute Resolution certificate to sadly proceed to court.

My question is: Can this be agreement be used in court?

The dad continued to do everything to keep our children enroled in the other private schools. Taking our son to all the relevant events at the school after the mediation....

 

[sammy01]

The agreement can be used in court - yes. Does it mean the magistrate will make it binding? No.

So it is evidence that you agreed to private school. But you're entitled to withdraw from that agreement. It will then be up to a magistrate to decide whether what happens next.

Look you have wasted his time by agreeing and given he has spent all this time enroling the kid into schools based on the agreement.

 

[SelfRepHelp]

Hi Sammy,

Thanks. That seems clear.

I'm in a very bizarre position. I actually want my children to go to the schools we both enroled them into. He now wants to leave them where they are, unless I pay all their school fees. And now, amongst other things, he wants to tie me into a binding child support agreement, where I actually pay for more of the children's schooling and activities where they are. Even though he earns over twice what I do and is more than comfortably in a 6 figure salary.

 

[AllForHer]

Do not - I repeat, do not - sign a binding child support agreement. You don't know how your circumstances, or his, will change in the future, and those agreements are extremely hard to undo once you sign them, so just let the Child Support agency deal with child support. It will remove one more reason for conflict from the equation.

Yes, the agreement reached at mediation can be used in Court, but that doesn't make it binding, nor does it mean the Court will make it into final orders. You have to show that what you're proposing is what's best for the children.

 

[Rob Legat - SBPL]

To add for what AllForHer has said, while it is preferable to leave child support in the hands of the Child Support Agency don't automatically take what they determine as being correct. I am currently on my third separate, personal review application to the AAT about child support decisions where they have failed to follow the legislation or their own written procedures.

 

[AllForHer]

Agree with the above. Our parenting orders had incremental increases to the time my stepdaughter spends with us, and every single time we informed CSA of a change, we had to have the decision reviewed and corrected, on one occasion even taking it to the AAT. We now have six months of overpayments owing to us because of a change to care nearly a year ago.

 

[SelfRepHelp]

Yes. I agree with you both. I have experienced a little of the pain you're talking about. I don't see I can avoid them, I'll just have to manage and be patient I guess?? Because I'm not signing a binding child support agreement.