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What counts as Urgent and Can you go back to court?

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Can you go back to court in Less the 12 months and by what means?

Hi all.

I'm new here so I hope I have placed this in the right section. I have a lawyer but due to not being able to contact them I have started the affidavits and applications myself, in hopes this will also save me money as we have already paid more than we can afford.

Anyway I am a mother of 2 and stepmother of 1, my step daughter is with us full time and my children are in shared care almost half the time over a fortnight. We tried to
relocate less than 12months ago and were stopped and I guess pushed into consent orders, I agreed as I felt that it meant he wanted to put in the effort and would follow the orders.

Now he does not take the children to GP's when sick, refuses to follow the orders in relation to my child's disability and the support/appointments required because as he says "he works" yet my partner and I both have our own businesses so we have to drop everything for these appointments (which wouldn't be a problem except ex won't take any and we have to fit it all in a handful of weekdays in a fortnight) and now the eldest child is threatening to run away when has to go back and from comments made by the children I believe there is psychological abuse going on.

There have been numerous breaches to the orders in less than 12 months and when anything does get done it's by his girlfriend who now calls herself their "mother". My sister has even seen her slap the children in the face at the shops which makes me wonder what is going on behind closed doors.

Anyway, My question is what constitutes as urgent matters(is what I have said enough?) and how do I portray this? Can I go back to court this early? What safety is their when ex was abusive and controlling and is trying to do the same again(to both myself and kids)? How do I write up the breaches in an affidavit? and do I have the right to ask that he have no decision making responsibilities as he can not negotiate on things like kinders as stated in the orders which they all start back in less than 2 weeks? and can I include change of kinder and activities in the affidavit?

Thanks In Advance.

Faith
Hi there, im not as learned as some on here but… from what you say above i dont think you would even get across the first hurdle if you brought another application.

I would go and read up on Rice andAsplund and "signifigcant change in circumstances" to see what I mean.

Breaches of current orders are another matter, they can be dealt with under "contravention" applications but… trivial applications can incur the wrath of the courts, costs to the other side and more so be careful, make sure they are valid, make sure they are facts.

You have to be really careful also on not showing not to come across as promoting any kind of conflict by throwing aroud "emotional abuse" claims, they are almost always impossible to prove.

Also be aware that Judges can amend, cancel or change the offending/offendersorders in contravention hearings.

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Thanks gooner, a little downer on what i was hoping for but thanks for your response and I appreciate the input.

I was worried it can look like an excuse but if they saw my child they would see and hear what is going on and how it is affecting them.

My sister cantacted the shop she was at when she saw the girlfriend slap my child and they are allowing us to view the security tapes and even take a copy tomorrow. Is this something that can be used as evidence?

I also have documents that she has signed claiming she is the childrens mother, does this also count?

I had looked at a file someone posted, the document was labelled 907, SPS & PLS.

I thought there might be a chance due to:

a) marked adverse behavioural changes in a child

b) new partner - but for him and for lying in court. They didn't check his girlfriends DOCS or police file as it was unnecessary as she was never going to move in, she was also excluded from the court psycholgist interview due to this yet she moved in only 2 weeks after the court case, I was told by a womens legal service that this should be able to get us in as she had not been looked into and they lied in court. With the current situation I have grave concerns over why she was left out and why they lied about moving in together.

c) contravention of orders.

I also have emails (in paper copy - can't seem to get a disc copy off the email) saying he can't be bothered with the appointments, saying he always knew he couldn't take time off work for the kids and stating he can do what he wants, he doesn't care if I take hime back to court or not. I have tried 2 lots of mediation even letters from the lawyer, he just thinks he is above it all. I am all for father's having equal care, my best friend is fighting for equal time with his daughter and i'm trying to help. but my ex, well i don't know why he is doing this, you would think he would be jumping at every chance to help his kids and try to be a good father but it just never happens.

Faith

Edited to add:

Does anyone know if me relocated helps with this? we moved about 30kms away from previous location. does that count?
What outcomes are you hoping to acheive from court?

4MYDAUGHTER
Outcomes we are wanting to achieve, but not sure what we can actually get:

- Change of residency (majority care with us)

- Desicions such as schooling left to us (as he continually refuses to discuss or come to a middle ground)and actually knowing where they are attending this year(as it was to be by agreement and that hasn't happened even after mediation, he wants wants close to him, I want a school with a good academic level which none of his 3 choices are and one of mine is only 8km from his home but he claims it is too far (i'm 40kms from that school)).

- We want him to seek counselling if possible/anger management (not sure if can do this, not even sure with decision ones)

- Supervised Visitation(due to the psychological abuse and 'possible neglect or physical abuse' youngest child has come back with many burns and bruises, i have pictures and taken them to doctors the moment changeover occurs when this has happened so i have the evidence to back me up.)

Overall the easy way of putting it, my children happy and taken care of. I just wish so much that it could have happened with shared care and time, if there was any other way to do it then I would jump at it but I have exhausted all avenues. I just don't want to put it off any longer and look like i've been procrastenating and it's jus an excuse, I don't want it to get to the point (which is almost there, and has been tried by eldest child) where the eldest child actually does run away and could be a very dangerous situation and or even something even more serious happening while in his care.

Faith

Edited to add:

I know basically what I am writing in affidavit, I am using the family law courts forms and then looking back at our old ones - mine and ex's for ways of writing it. My father is very knowledgable so I will get him to look when I finish see if there are some better ways of wording it. even looking over my posts i can put abit too much emotion in things.
When were the previous orders made?

What percentage of time does your child current spend with you and the other party?

How old is the Child?

4MYDAUGHTER
When were the previous orders made? - March

What percentage of time does your child current spend with you and the other party? - 57% myself and 43% there father.

How old is the Child? 7 and 5
faith said
When were the previous orders made? - March
I take it you mean March 2008 - so therefore the orders have only been in operation for less than 12 months.

An initial brief scan of your posts prompts the following thoughts:

1. Over coming the'Rice & Asplund' hurdle - has something change substantially enough to enable you to file a fresh application? My response, 'possibly".

2. Contravention of Orders - separate application? My response, 'probably'.

3. Expert Report - do you require an independent expert report to support your claims regarding 'abuse' and/or behavioural changes/recommendations? My response, 'Almost, definately'.

If I were your former partner, and in response, I'd argue against you saying:

1. "My childrens welfare is an absolute priority for me."

2. "My children are adjusting to the new living arrangements which are only 10 months old, which takes time".

3. "What is required is 'consolidation' not further change and 'disruption'.

4. "The Mother's 'motivation'isshe isjealous as I have a new partner and the Children get on well with her".

5. "My new partnerprovides assistance when needed".

Just some thoughts.

4MYDAUGHTER
Another consideration, that may lead to results, is to give things time and perhaps turn a blind eye to some things. I have little doubt that in my situation I could have and did consider some aspects of the other parents' parenting methods in a similar vein as above. Perhaps trying to take the matters to court would have worked, however my guess is that they would have served to entrench the conflict and perhaps make the matters worse. I think and who knows what part of my thoughts are more to convince myself that I've done the right things or some of the things in the right way.

Saying that I do believe that outcomes from court even though predictable are far more predictable than the outcomes of not going to court. It's really something that you have to weigh up. Not a task that I, or I guess others', would envy.

I must admit that I was helped very much in not being able to really chose the path that led to the courts, due to how things were and how I rightly or wrongly perceived things were. This was just a few years ago.

Another thing that you could consider is joining the SRL-resource, they could help you help yourselves. Click on the community tab near the top of the screen and then on SRL-resources on the left.
Thanks for all the replies.

I am still thinking of trying to get it through the court as I have numerous letters from my lawyer to his and basic BS replies or ignoring questions/requests just coming straight back, In all due means of responsibilities relating to plans, organisation and care (including with the specialist care of the special needs child) I am the sole carer. I do understand your comments and suggestions though.

I have thought about all those responses 4mydaughter, I even have the idea's on back turning them too, my only question is do you write them in the affidavit or mention in court(if i get it there).
Faith,

What material you include in your affidavit depends mostly on your 'Case Strategy'.

I would advise drafting your 'Case Outline' before writing your Affidavit.

A worthwhile exercise might also be to draft the 'Case Outline' of your partner.

Your Case Outline will tell you what information to include in your Affidavit. Your partners Case Outline will identify his arguments and enable you to provide information in your Affidavit to counter those arguements and maybe neutralise his 'points of attack'.

Do you know what a Case Outline is?

4MYDAUGHTER
I am not aware of a case outline by name, although I may know. Could someone explain to me what that is and do I submit it with the affidavit and application or is it for my own analysis?
By partner you mean the ex?
Faith,

I'll send you an example.

4MYDAUGHTER
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