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what can i do once the initial application is heard?

Hi all

OK - i have done the first directions hearing.  We have been adjourned to a later date.

At this stage, I am thinking two things.

1.  I want to lodge a contravention application.  I have read between the lines of what the Magistrate said during the initial hearing and I think he "hinted" that a contravention needed to be lodged.  What is the procedure for lodging a contravention application when an application is already before the Courts?  How would i have the contravention and application heard before the same Magistrate and at the same time?  Magistrate stated that contravention is different to application and that he is only hearing an application at this time.

2.  I want to change the response application that I lodged.  I initially responded to the application with a response that indicated that I wanted to also changed the Orders.  What is the procedure for lodging an "amended" application?  I want to change my stance on the Orders being changed and move to keeping the current Orders and defending a stance of no change and highlighting the contraventions.  Is this another application (where I pay another lodgement fee) or is it "lodged" during a proceeding with the court?

Any advice please?

Greyman
Greyman - on what grounds do you need to file an application around a contravention?

Regarding an amended response - you cannot do this without first seeking leave from the court to do so.  You will need to put this request to the magistrate at your next hearing.  This can be opposed by the other side and leave is not always granted without good reason.
Brief history.  There has been some letters back and forth started mid last year.  Late last year the other side started to not comply with the orders, dropping the kids a day later, etc  I tried for FDR but that fell thru.  There was then an incident of an argument in my house in April whilst the children were with me.

The other side then lodged an application with the Courts, seeking to put aside the orders and go for the most restrictive orders possible (no overnight stays, no entering my house, no contact with my wife or step family).  In the mean time, she has instructed the children not to enter my house and she is not allowing them to be with me overnight.  Unfortunately, the children are so brain-washed that even after saying they don't think anything bad will happen at my place, because the mother has told them not to enter my house, they won't.  They will stand at the front door and look in, but will not cross the threshold.

So, without too much thought, i responded to the application and I put Interim Orders in and sort to also change the other orders to deal with a matter that has come up on her side.  She has been recently committed for mental health issues.

Basically the Magistrate stated words to effect of "you have orders" and "if there is a contravention, you need to lodge an application for contravention, today we are hearing an application to vary the Orders".

So, my thought process is now that I should hold firm on the existing Orders (hence thinking to "amend" my application) and then lodging an application for the other contraventions.  Basically, I am happy with the orders, i just want the other side to comply with them.

cheers
grey
Hmm.  Interesting.

Magistrates can approach things differently.  I'm surprised this one wouldn't hear the details around the contravention issues.  It would've saved valuable court time in the future.  I doubt that she would be successful in varying the existing orders.

Nonetheless, a form 18 will need to be filed (Application - Contravention).  This can be found at: http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Family+Court+of+Australia+forms/FCOA_form_App_Contravention

It looks as if a family report could be ordered at some stage, especially if Ex has mental health issues.  What orders did the magistrate make at the first directions hearing?
Other side had "mckenzie friend" try to represent.  Turned down.

Other side sort leave to lodge further affidavits in support of their application. Magistrate instructed them to lodge and supply me with a copy.

Adjourned until later date for other side to get proper representation.

There are allegation of violence which were brought to the Magistrates attention.  After reading them, he made no comment.

An ICL has been appointed.  Waiting on notification on who that will be - believe it will be from NSW legal aid.

My request for independent assessment of the children denied until appointment of ICL.

When i raised the matter of contraventions, he made the statements as noted earlier.

No other Orders/directions were made.



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