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URGENT PLEASE - My Ex's lawyer falling to respond to my email

I am now representing myself as I have run out of money.

I sent an URGENT email to the Ex's lawyer on Monday and again this morning to confirm items such as  … Contact this weekend and Easter Contact.

The reason is my ex has been refusing handing over the child as per orders, using a barrage of excusses.
The reply from the lawyer today (Thursday) was:

Unfortunately I have this week been preparing for or been in court nearly every day and all day. Today will be no exception.
Please contact my client direct in relation to contact.
I have spoken to my client this morning. She is expecting your call.

Now the Ex has always never been wanting to negotiate via email, phone and SMS. So this is pointless.

As my Ex's Lawyers are representing thier client, …. do they not have an obligation to act?
Its a medium size firm, so surely another Lawyer or Associate can sort this out?

What can I do or reply to this.
.

Last edit: by Fluffs

If there is multiple times where the other parent is breaching orders, why not lodge an 'application in a case' for enforcement of the existing orders? Form is on the family court website and you can ask the counter when you file it if it can be listed on short notice… Even if it goes no where, it'll send a message to the other party that they cannot keep avoiding the orders without valid reason. If that doesn't work, and orders keep getting breached you also have a contravention order which is more serious (more last resort).
Can't do a contravention
It is required that an exemption certificate from a Family Dispute Resolution Practitioner to say the parties have attempted mediation on this issue.

The Ex has always never been wanting to negotiate so calling would be pointless.


There must be someone out there that can tell me the lawyer code of requirement.
I need to know if my Ex's Lawyers have an obligation to act?
You said that there are exisiting orders in place..If there are existing consent orders or orders by judgement in place then I do not believe it is a requirement. If you look at the last page of the hard copy of your orders, it outlines the obligations for each party and the remedies/enforcement. You can apply for enforcement, contempt or contravention (all the forms and information is on the family court website)

Family Court Parenting Order Obligation Info Sheet

A breach of orders is a contempt of the court and enforcement can be applied to the court directly. If there are no orders in place, then yes you will need to mediate.

If there are no orders then the solicitor is under no obligation to reply. Don't forget they represent and bill the other parent for every email (and such may not reply if the other parent has not paid up, or instructs the solicitor not to reply to you). If there are orders that are being breached it's not the solicitors obligation to ensure the orders are followed.. If you reply to the solicitor with the threat of enforcement via court, I imagine you'll get a reply pretty quick.

More info for you here:
Enforcement Info

If you have orders and want to look at that as an option call the court and ask them if you are able to do so procedurally without the mediation certificate.

Orders are in place.
My x breaches are on those orders.
My contravention application was rejected by the family court. Reason was It is required that an exemption certificate from a Family Dispute Resolution Practitioner to say the parties have attempted mediation on this issue.

Lawyer still refuses to reply, … excuse to busy on a case.
Fluffs, I cannot personally help you, but thought this snippet from my Family Law Handbook might help you:

Urgent hearings and hearings without notice:
In the Family Court, if it is necessary for a hearing on an Application in a Case or and Initiating Application requesting interim or proceduraly orders to be held urgently, a request by letter should be addressed to the Registry Manager. Good reasons for accelerating the case must be provided. See Rule 5.04.

Permission may also be sought, in the Family Court, for a hearing on an application without notice- being the application of one party that proceeds before the court without the usual requisite notice to the other party. See Rule 5.12. Justification for an application without notice must be provided in the form of an affidavit.


Now I am certainly in no position to give you any good idea of what to do, because I'm new to this myself. But from the sounds of it, you might need to go the patient road and do the FDR, and wait for that to happen. Then file your contraventions then, and hopefully from then on she learns from her mistakes.

Good luck
Um… I may be way off the mark here, but I always thought FDR was not required in contravention proceedings? I mean… if one party has already broken the rules, all the mediation in the world is not going to change that. The idea is to penalise them, no…?  O_o
Ithought FDR was only not required if the orders are less than a year old or there is some mitigating circumstance.  You can apply to get an exemption.

I have been told that FDR is required for contravention proceedings (unless an exemption is given). 

Contravention proceedings are not just about punishment but about fixing the problem if there is one, ie with the orders, and about making up lost time.  Therefore it would make sense that if the two parties are able to negotiate and mediate (which they probably aren't because if they could they would not have ended up in court!) there should be an opportunity to do that beforehand too.  

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Fluffs, if you have attempted to get the other party to mediation (and remember it is the mediators who invite them to mediate not you), then get the 60I certificate, and take the matter to court.

So the process in a nutshell, if the orders are over 12 months old, mediation should occur. Fluffs goes along for intake with a family dispute resolution service (private ones are a whole heap faster, but do cost). The FDR invites the other party to participate, gives them a couple of opportunities. If the other party still refuses to attend, then the FDR can issue you with a certificate. There is no requirement on your part Fluffs to invite the other party, the FDR does that.

Fluffs,your ex is doing the "usual", just take it straight to mediation, don't bother trying to get a response from the solicitor. You have already tried. Play hard ball……………..
I'm kinda curious how you got orders without a section 60i, but… er.. ok…

I made sure I had the 60i before I even went to court.
No idea what a  60i is …
I have years of orders going back 5 yrs … last were made 2009 … had a few interium orders for travel and holidays etc.
60i means the certificate you get from mediation where no agreement was made. That is required to apply to the courts.
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