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Using the "application in a case" to hijack proceedings

Have you had a case kicked from Federal to Family court?

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Kicked from Federal to Family court .. now what?

Hello all. Its been a long 12 months in my case. I am SRL, my ex who is substantially more wealthy is very much represented. She pulled a very sneaky recovery order whilst I was away on holiday with our son which started proceedings. I have always been in his life and had 100% care for a while so this is not a fresh out of a split case. The judge seemed to pick up on the game play from the other side and awarded shared care. Ex has kept pushing for more and thrown lots of mud in the shape of I am "intimidating, violent etc .. " none of it has stuck. Had a family report in February this year which was highly favourable to me. Was hoping that would be the end of the game but the day before our last hearing the ex and her team submitted an "application in a case" asking that the family report be thrown out and adding in a few more illogical suggestions for orders. The ICL was outraged and said it was unfair to do this the night before.

The judge kicked us over to the family court and I now have the chance to respond to the application. Is anyone familiar with this "trick" and how can I get us back onto the main issues (holidays, schooling and getting some counselling for my 9 year old son?) - it feels as though they are doing all they can to throw up smoke screens and avoid recommendations. My Ex's counsel are now saying that they believe the family report has been "compromised" by comms that were exchanged outside of the interview with the interviewer. I cant see how they have got to this as its normal for the interviewer to "clarify" points of law. To help me in my response i have subpoenaed a few things (hadn't done anything until now) - if I am granted leave to look at the stuff can I "quote" or use it in my response to the application or must it be submitted into evidence first? The registrar already asked for my reasons (as I am an SRL and needed to be granted leave to issue the docs) - the other side have naturally objected (more smokescreens!!) and asked me directly for the relevance of the subpoenas! Any experience / advice of how to tread next?
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