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Family Report - other party does not attend

Can anyone please advise me what happens if the court has ordered a family report to occur prior to the next court date but one of the parties does not agree to attend or make themselves available to attend.

Can anyone please advise me what happens if the court has ordered a family report to occur prior to the next court date but one of the parties does not agree to attend.

Some details are that this is for a change in orders following a change in circumstances. The other party has a job which is a month on month off and while working is not available to attend the family report as he resides interstate. If the report is not carried out before he returns to work on the next ocassion then it will not be possible to have the Family Report done before the next court date.

A verbal agreement was reached but no draft orders for signature have been sent to me. (This is the second time this has happened, first time was at court mediation)

I am planning to write to the other party's solicitor to advise that I want to have the report done if no orders are signed and do not agree to adjourn the next court date.

I am a SRL.

Any advice would be appreciated.

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
It is highly probable the case coordinator will propose an adjournment and re allocate the date and give the other side plenty of opportunity to meet with the report writer. In the circumstances you outline I would suggest that would almost be a certainty with a four week "shift" arrangement.

You say you verbally agreed but no orders were forthcoming. Where were you expecting the draft orders to come from? Someone has to write them and it won't be the court mediator or reporter.


Executive Secretary - Shared Parenting Council of Australia
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The Family Report was ordered in March at the last court date.  The letter was received in early May advising who our report writer is.  I have written to the Report Writer and the Solicitor advising them that the other party has limited availability and the report writer has advised she can fit us in whenever the other party is available.  I am making it as easy as possible and with as much notice as possible so that the other person can attend.  There is no need or reason to have an adjournment because of his work arrangements as enough notice has been given.

The arrangements were verbally agreed and the other party agreed that they would supply the draft orders.  I followed up 2 weeks later and they advised their solicitor would send me the draft orders.  That was nearly 2 weeks ago and nothing has been forthcoming.  This party has a long history of agreeing to things that are then never turned into orders.  They were also ordered by the court to provide an affidavit to support their proposed new orders 14 days after the court date in March.  Nothing has been done about that.  This is a party that had a contravention application they lodged dismissed because they failed to turn up to prosecute me at the final hearing. 

So this failure to cooperate is not a one off - but has a long history.  I will certainly be arguing against an adjournment.

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
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