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Query re up coming trial

I left my husband nearly 2 years ago, after a 10 year marriage filled with DV. I received two separate certificates from two different mediation centres in two different states, declaring that mediation was not appropriate due to the history of violence. We have been in the court process for nearly two years, just on the matter of the children. The ex has a DVRO on him re me and the children. I still have property to deal with and the DVRO which he is challenging (even though we have police files and personal documentation of 10 years of violence towards me). My lawyer has attempted to start negotiations re property but he has refused every time. We are also unable to file for property as the children and property are done by different lawyers. The ex has continuously not responded to any letters either of my lawyers has sent to him. They (he and his lawyer) act as if the letters do not exist.



Throughout the court process he has lied about almost everything, all of which I can prove. I have been told that the court is not required to decide who is telling the truth and who is lying and that all has to wait until the trial (in October). In the mean time he is not abiding by the interim orders, lying to CSA and not paying child support but has bought new cars (4) yet the children got nothing for Christmas, abusing the children, stalking me and telling more and more lies. He grills the children when he calls them, refuses to let the children contact me when they are with him, and does not give them medication that is required (even when under order from the court). The children are bribed to go and see him yet are terrified and cry themselves to sleep.  Both have extreme anxiety with physical and psychological effects.



A few questions:



1.         What will happen to me if I do not let the children go due to safety concerns?



2.       If the ex files for divorce how long do I have to finalise the property?



3.       Will he ever be held responsible for breaching the interim orders?



4.       What exactly are "directions" when talking about the trial?

5.        Any tips re trial?

"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
1 & 3.I guess the judge may consider during the trial for final orders who contravened the interim orders and why.

2. 12 months. If he doesn't acknowledge paperwork or turn up for court appointed pre hearing conferences ect , it can still proceed to trial and a determination by a magistrate, ex partie.

3. At a directions hearing, they will check with both parties if there is any chance at re reaching an agreement, check documents have been filled, then set a trial date if applicable and tell both parties what they need to do to prepare for the trial. After the hearing you will receive written orders, outlining how it is to proceed, they will often include in the orders directions on when certain documents like affidavits ect need to be filled. Directions hearing are usually quick.
Thank you Frenzy for replying. Its sad that you are the only one who has replied.



So I gather from what you have mentioned, that any contraventions with interim orders really mean nothing? Is that correct? (I have searched and searched but cannot find anything)

"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
Gecko said
I left my husband nearly 2 years ago, after a 10 year marriage filled with DV. I received two separate certificates from two different mediation centres in two different states, declaring that mediation was not appropriate due to the history of violence. We have been in the court process for nearly two years, just on the matter of the children. The ex has a DVRO on him re me and the children. I still have property to deal with and the DVRO which he is challenging (even though we have police files and personal documentation of 10 years of violence towards me). My lawyer has attempted to start negotiations re property but he has refused every time. We are also unable to file for property as the children and property are done by different lawyers. The ex has continuously not responded to any letters either of my lawyers has sent to him. They (he and his lawyer) act as if the letters do not exist.



Throughout the court process he has lied about almost everything, all of which I can prove. I have been told that the court is not required to decide who is telling the truth and who is lying and that all has to wait until the trial (in October). In the mean time he is not abiding by the interim orders, lying to CSA and not paying child support but has bought new cars (4) yet the children got nothing for Christmas, abusing the children, stalking me and telling more and more lies. He grills the children when he calls them, refuses to let the children contact me when they are with him, and does not give them medication that is required (even when under order from the court). The children are bribed to go and see him yet are terrified and cry themselves to sleep. Both have extreme anxiety with physical and psychological effects.



A few questions:



1. What will happen to me if I do not let the children go due to safety concerns?



2. If the ex files for divorce how long do I have to finalise the property?



3. Will he ever be held responsible for breaching the interim orders?



4. What exactly are "directions" when talking about the trial?

5. Any tips re trial?



Gecko

You picked a bad week to ask for detailed advice.

In regards the failure to engage in talks about property, it may require you filing in Court to wake him up. The ignoring of email, letters or any other from of communication is often used.

The issue of domestic violence 'could' be used in a property claim - it will depend on the evidence. His actions with children will come home to bite him.

I would be very careful about not letting him see the children due to safety concerns without real evidence about those concerns. If you take that route, I suggest getting your lawyer to write to his lawyer explaining your actions and the evidence that you have, in fact check with your lawyer first.

Make sure that your lawyer does not put without prejudice on the letter - this means you can use it in court.


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