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What is a "mention'?and what is the difference between a case and an application?

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Hi, i have a hearing coming up next week with my ex.We have final orders in place but due to a change in circumstances on the childrens last visit with me i refused to send them back to him.He put in an Application in a case for recovery of the children and i put in an Initiating application to have the orders disregarded and redone…both of which are to be heard on the same date…my question is the magistrate has put the "case" down for mention only on this date and i'm not sure what that means? will he get a recovery order issued or because of my application do we go back to square one? i was represented in court last time we went through this and in the best interests of the kids i signed off on orders without taking it all the way through the courts so i am a novice SRL who is confused because i thought my application and his application would be two different "cases" but it seems not?
forthekids said
….We have final orders in place but due to a change in circumstances on the childrens last visit with me i refused to send them back to him.
There must have been a very SIGNIFICANT reason and proof of course. I assumed you had some dialogue so he knew what was going on?
forthekids said
He put in an Application in a case for recovery of the children
Wouldn't he file a contravention proceeding? Why did he file a recovery order? Have the Kids been abducted to some other state or re located?
forthekids said
…and i put in an Initiating application to have the orders disregarded and redone…both of which are to be heard on the same date…my question is the magistrate has put the "case" down for mention only on this date and i'm not sure what that means?
This is not the case as you can't just have a "spit" about orders and ask for them to be re done simply because something has gone on that you may not feel happy with. .. It is a "Mention" in that the Federal Magistrate will get a feel for what this is about, may issue directions as to what the parties are to do, may request reports to be done and may make (but unlikely) any orders, or certainly any long term orders. If a request for a recovery order is made the Federal Magistrate may well make that order until they can sort out and get to the bottom of things. You will have a date set down for another hearing and ceratin other things to be done.

I doubt you will go back to square one and suspect the FM will try and get some sort of agreement on the day. It sounds like your previous orders were orders by consent.

The fact is both of you have filed applications. The court registry will of course put them both together and the FM will try to get to the bottom of things on that day. Do not expect to have the original orders overturned just like that. The evidence surrounding the non return will need to be very compelling and allegations won't stack up. You could end up with costs orders also so you need to be very sure about the direction you are travelling.


Executive Secretary - Shared Parenting Council of Australia
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Yes there is quite significant changes and yes the order were by consent. The Magistrate's Associate had emailed me to let me know that Her Honour "may consider" the recovery application but it will be at Her Honours discretion.  This was done in response to email sent by his solicitors seeking clarification after the associate emailed me [cc to their solictor] to advise that I could attend by electronic communication as it was only a mention hearing. Now i find out (yesterday at 4.40pm by email) that my ex has lodged an amended application and an amended affidavit…i have a copy of it but only a week till the hearing and i'm not sure what to do now…do i respond, do i ask for an adjournment as he's only given me short notice to respond? Also i have only just found out today the contravention application i put in has been rejected as it is not specific enough…should i put a copy of the application for contravention and attached affidavit into my response if i have to respond so that the magistrate at least gets to look at it and the attached evidence?

Thanks in advance for your input and advice.
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