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What happens next ?

Seven days away from final hearing and Mum has not submitted her affidavit but to digress this is what has happened without going into to much detail as some of you have followed our journey.

In July my son sought and won an injunction to stop his ex partner relocating his daughter interstate. The exact words the FM used were "the court apologises for any inconvenience, you may move but Little Miss cannot". He went on to say if Mum chose to move leaving Little Miss with her parents was not an option and she would live with her Dad.

Mum moved, left Little Miss with her parents and pretended for three months she was still living/working locally and when "caught out" via subpoenas she went before the FM saying I'm not relocating so let's not go to final hearing. This was in court 5 days before all affidavits were to be submitted and a few days before the interviews with the court appointed phycologist. The FM refused to dismiss the two days he had set but gave Mum until November 6th to present her affidavit.

It is now November 11th and Mum legal representative has not submitted anything. Already Mum is facing a contravention and has not complied with anything the FM based the initial orders on.

My question I raise again is what happens if this goes to final hearing with only one parties affidavits placed on time and the other party who although given an extension of six days still did not comply.

To anyone new reading my post I stress upon you to keep a diary and use a communication book. Both I believe have been vital to our cause. Also there is so much information available on this site and so many helpful people, all of which I am grateful for.

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
If the other side does not submit an affidavit in response (and I don't believe they have to), Dad's affidavits are taken as unchallenged.

Please correct me if I am wrong, snr execs.

As an aside, if someone submits an affidavit as a witness and is not questioned, their words are taken as given also.

Junior Executive of SRL-Resources

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

What would be the purpose behind not responding?

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
A very wise and mature QC once told me that it's best not to speculate on motivation. In other words, it will do your head in.

Before I do precisely that, note that it doesn't really matter and the important thing is to deal with the reality.

D4E is one option. Mum may be very cocky.

Mum may be angry at the Judge/FM due to the prohibition on moving Little Miss, and may be refusing to participate.

Mum may just not be capable of formulating a response.

The legal team (and this is highly unlikely) may think it's cute to try to hand up something.

We had a situation where we were not served, but the other party's solicitors swore that we were…

This can be picked up by checking the online system to see that you have a copy of everything that has been filed.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
I guess I was a step ahead of myself with this last post because today Mum swore her affidavit six days after the date the FM extended from October 31st. I have not read it as yet so I am unsure of her response.

Monday and Tuesday of next week we are in court and I believe I take with me the unspoken support of every father or grandparent that is on this site. I thank you for listening and the sound advice offered but most of all thank you all for being here. I hope I may return here to share the outcome no matter what the outcome.

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
And the Mum's and the LSPs (long suffering partners)…

Lots of support from child focussed people!

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thank you one and all :$

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
I'm dying to find out what happens and sincerely hope that justice is done and you and your son come away with smiles on your face.
Thank you MikeT. If given the nod from the moderators of this forum I will happily share the outcome even if it is painful.

We can all learn from each other's experience and perhaps sharing our journey may enlighten others.

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
Me too!

I need some encouragement that the system is just and fair and reasonable as we get deeper into our situation.

Wishing your family the best outcome!
The fabric of society encompasses many, you will find people that care and others that don't.

The Family Court system is no different to any other, Judicial Officers are also human, they have feelings and biases.

Overall the Family / Federal MagistratesCourts put in a fantastic effort! Many Judicial Officers go to great lengths to direct and support the ill equiped SRL.

God Bless…

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