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Any advice on a way forward on these consent orders would be appreciated

Option when legal aid wont represent you because you earn a wage more then 450$ per week!!!

Hi All,

Here are the orders which the court made as I could not continue paying $$$ to my solicitor, Ex had Legal Aid and went for everything and now I cannot get even any free advice as I earn an income and Legal Aid wont give me free advice as they represented her, please can someone provide some guidance or advice as i am totally confused and going out of my mind!!!

1. The children live with the mother.

2. The mother be permitted to apply for and renew passports for the children without the consent or signature of the father.

3. The mother be permitted to travel overseas with the children without the consent or signature of the father.

4. The mother be permitted to do all things necessary and execute all documents necessary to change the childrens surnames from Married name to Mothers Maiden without the consent or signature of the father.

5. Pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
halo_dad said
….please can someone provide some guidance or advice as i am totally confused and going out of my mind!!!
Guidance or advice on what?

Those draconian orders are clear and number 4 is unusual as the Courts will generally hyphenate surnames unless there are very clear reasons to do otherwise.

So please what guidance or advice?
All I want to know is can I appeal this decision at a later date when I can afford a solicitor or can I represent myself, is it worth while, or is all lost and I should move on.

Do I have any rights to anything? child support? is there anything I can do? or am I defaulted pay 100% till the youngest reached 18 as my ex does not want to pay/earn anything.


halo_dad said
All I want to know is can I appeal this decision at a later date when I can afford a solicitor or can I represent myself, is it worth while, or is all lost and I should move on.
You can lodge a notice to appeal a few weeks after a decision and not what you describe as a 'later date'. Yes you can represent yourself. Is it worthwhile? - that depends on what you consider worthwhile . You have been very silent on the facts of the case so worthwhile is a matter of degree.
 
halo_dad said
Do I have any rights to anything? child support? is there anything I can do? or am I defaulted pay 100% till the youngest reached 18 as my ex does not want to pay/earn anything.
What do you mean by rights? As regards CSA, yes as a parent you will be paying
What other orders were made? There is nothing special about s.65DA(2) and s.62B there as they are simply guidance.

You must have been entirely unreasonable (my assumption) in respect to allowing overseas travel and passports otherwise the court would not have found it necessary to make such orders. What sort of time do you have with (child)ren?

Child Support will have to be paid by both parents based on the formula. If one has more income than the other there is a weighting factor. Taxpayers do not pay for children only parents pay for children. If a parent does not want to pay, then the Child Support System is geared up to chase you down until you have few or no assets left. It is a very complex system that does not consider cash flow issues a payer parent may have but now does consider both parents incomes and the time each parent spends with children.

In respect to any appeal s94.

You can ONLY appeal within 28 days from the date the orders were made. This is critical as there is no easy way to extend this. YOU MUST have the document "Notice of Appeal" to the Registry BY the date. A recent case had the documents sent the day before but did not arrive until the day after and it was not able to be heard. See Rule 22.03. You can ask for an extension but you may have to pay costs (see rule 1.14). You need to act quickly and you need to look at what sections of the law have not been correctly interpreted and as well you should look at a number of appeal cases to see what the appeal judges are saying.

Executive Secretary - Shared Parenting Council of Australia
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Legal Aid should be possible

Hi there - my ex wife has applied and been granted legal aid on 3 occasions over a 2.5 year period. She earns $43k per annum plus family tax benefit and $14k net child support.
Ive looked in to jt - I don't know how she is doing it - but $450 a week would qualify for legal aid from what I've seen on the tables. Push harder!

SandJ

Last edit: by Secretary SPCA

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