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Advice for interim hearing procedural orders not being followed?

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Hi all- completely new here, please ignore any ignorance!

As a self representing party (applicant) I was just after some advice for our upcoming interim hearing- this Thursday 15th July. Details as follows…

  • Ex- husband (respondent) and I separated 2003, shared care of 3 kids since
  • Conflict has always been very high and about everything
  • Court proceeding initiated by me- Oct 09 after Ex refused to attend mediation any more
  • Both remarried with more kids
  • Shared care no longer working (for many reasons)
  • Family report clearly indicated kids wanted to live with me and counsellor indicated this would be best option in view of all information. Report was actually very negative for Ex in many areas- Ex claims that the report is inaccurate and should be repeated
  • Interim orders to be held 15th July
  • I am self representing, Ex is represented
  • Procedural Orders requested Affidavits (1 from self each and 3 witnesses) to be filed by 1st July, reply by 8th July.
  • I filed my affidavits- first 4 by 30th June, reply 7th July (the day after receiving his original)
  • Ex filed (through lawyer…) 2 (his and 1 witness) 2nd July (a day late) and 2 x witness 5th July (4 days late)… I have not received his response- family court file search page shows it was only filed today (5 days late).
So my questions are, any advice on:
1. The fact that his were filed late despite procedural orders (yet I don't have a lawyer and managed to get mine filed early) do I raise this? Mention it? Ignore it?
2. His affidavits were incorrectly witnessed- both witnesses indicate that they are notary public (which they are not- they have confused the authorised list of people who can witness stat declarations as notary public…)
3. Would you imagine his mistakes (witnessing) and tardiness might delay a decision this Thursday? I really hope not!

How would you proceed? At this point I think the chance of even receiving his affidavit before court Thursday morning is minimal.

Many thanks!
Hi,
It would seem you have the family report in your favour which will likely decide the issue at interim stage. As a self-represented litigant you will have buckleys chance of enforcing compliance with the procedural orders technicality and risks alienating the decision maker. Sadly family court justice ultimately comes down to whether the judge likes you or not. So be humble.

Nevertheless it is worth objecting to the admissibility of any material the opposition tries to serve on the day. This is blatant denial of procedural fairness and will alert the judicial officer to that fact. If the ICL is against you take a thanks but no thanks approach. Their only purpose at interim is to manufacture settlement by consent

Do not accept less than the family report recommendations and don't consent to an updated report. Whatever they argue for update deny and/or dispute - the prerogative of interim.
srldad101 thank you so much for taking the time to reply!!!

Ex changed his mind (lawyer assisted) during the interim hearing today and decided to request shared care continue rather than asking for major care. She (his lawyer) said in doing this the magistrate should stay status quo rather than deliver interim orders…

Messy day in all…. Adjourned for Magistrate to consider.. Does anyone have any advice on how long this might usually take?? (adjourned interim orders….)

Many thanks  :P
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