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Ex has lodged initiating application - what next?

The ex beat us to it, and we have been given a court date of 15th October. What will happen between now and then?

My solicitor has been busy over the last few weeks, getting organised to file an initiating application. I am seeking primary care of my kids. Due to the issues that have led me to seek a change from an informal 50/50 arrangement to the primary care proposal (such as constant verbal abuse, running me down in front of the kids, using the kids to try to get back at me and most recently, his moving 30 minutes away from my place and expecting to run the girls back and forth each school day he has them), the application will be long, with many many attachments, thus the delay.

After a very hostile encounter with the ex, I went away for a week with the kids, even though he was supposed to have them. I felt it was the best thing under the circumstances. They are still with me a week and a half later, and now he has filed an initiating application and we've got a court date of 15th October.

I have a bunch of questions, and I've emailed my solicitor but she hasn't yet responded and I'm getting impatient!

Do we now need to give the other side our affidavit?

Do we need to specifically address the issues he has raised? If so, is this in the affidavit, or a separate response?

What can we expect on the day? Would the magistrate make interim orders straight away, or will he take time to look through the affidavits etc? If interim orders aren't made that day, what will happen with the girls until they are made?

Any other info that anyone could share with me about this first stage in court would be much appreciated!!


Moderator Note
You might be better advised to join the SRL-R group and keep your posts away from the prying eyes of Google and your ex.

I have a bunch of questions, and I've emailed my solicitor but she hasn't yet responded and I'm getting impatient!

Do we now need to give the other side our affidavit? YES if it is in connection to the application made by your ex.

Do we need to specifically address the issues he has raised? If so, is this in the affidavit, or a separate response? YES and YES (affidavit)

What can we expect on the day? Would the magistrate make interim orders straight away, or will he take time to look through the affidavits etc? If interim orders aren't made that day, what will happen with the girls until they are made?
ALL DEPENDS - too many questions.

Please heed previous posters advice.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
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