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Change of circumstances.

If you search 'Rice and Apsulnd' on the forums you find plenty of commentary re change of circumstances.

You will note that a contravention is included as a change of circumstances.

Basically, if the orders say for that both parties are to attend FRC in 12 months time, then to not agree to such would, in my opinion, equal a contravention.

My advice would be for you to attend FRC, or similar. If the other party does not attend persist with FRC and get your certificate. Once this is issued you can make an application in a case, and/or an application based on the contravention.

Orders are final in so much as they are followed. Contravention of orders opens the door for further litigation.

A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
Mediation does not work that easily. You both have to agree for there to be a successful mediation.
If you already have the FRC certificate this means that there has been no agreement and they have recognized that an agreement will not be possible.
Therefore, no, the other party cannot just walk in and say 'all fine', then walk out. The result is a certificate issued, as has happened here.

A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
Hi,

I need some advice on two matters. Firstly if there ia a COA in progress from a previous period say 2010 can the parent lodge another COA for a different period if the first one is not decided?

Secondly, can the other parent use documents supplied to the SSAT and Federal Circuit Court during the case in a new COA application? We won the hearing and were awarded costs but for that period the ex wants re assessed via CSA now. It was found to be out of the SSAT's juridiction making the original determination. Hope this makes sense, so now she is trying to start all over again.
Hi Allesandro

I am pretty sure the COA application is possible, but only if it is for a different period than the one that is already underway.

Documents supplied to the SSAT are usually under a non-disclosure order, however, as the CSA would have been a party to the SSAT hearing then to re-supply the same documents to the CSA would, I think, not contravene the non-disclosure order. Technically, they receive a copy of everything lodged with the SSAT any way, (as a party), and would no doubt already have this info on file.

As for the court, the Federal Circuit Court Rules 2001 states:

14.11  Use of documents


             (1)  An order or undertaking, whether express or implied, not to use a document for any purpose other than for the proceeding in which it is disclosed does not apply to the document after it has been read to or by the Court or referred to in open Court in such terms as to disclose its contents.

Note:          An implied undertaking arises where documents are produced in the process of discovery: Harman v Secretary of State for the Home Department [1983] 1 AC 280.

             (2)  Subrule (1) does not apply to a family law or child support proceeding and is subject to any order of the Court on the application of a party or of a person to whom the document belongs.




This is the only reference I can find to this matter, but I will keep searching.

Maybe someone else will be able to help??

A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
Hi Kathg,

Out of interest the response from our legal team was that they could not believe that she had already lodged a new COA to start with.

It is not alowable to disclose documents that are part of a current case.

Yes, she has broken s121 of the family court rules.

Apparently when the appeal is over it is a different story.

Action taken…they have written to the CSA to have an extension put in place and had the request escalated.
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