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Partners as joint applicants

My partner and I met with a community legal service this morning. Main purpose of the visit was for them to take a look at the Initiating Application and the Affidavit i had completed and provide any advice prior to lodging these with the Federal Magistrates Court.

Her main advice was go over it again and take out all emotion. I thought I had but obviously not enough.

A couple of interesting points came up:

1/. They suggested that adding my partner as a 2nd applicant could have a very positive benefit in that the court may see that we are working together for the best outcome for the children and that my partner is in full support of the application and orders being sought and would appear to be willing to assist me to carry out the intent of the orders. However, the ex seems at times to be almost paranoid about someone usurping her in her role as our children's Mother. Seeing my partner's name on the application would have her absolutely seething and i worry that she may dig her heels in deeper. Adding my partners name is not something we had even considered before. Do you see any benefit to my partner being listed as an applicant or is it better to just leave it between my ex and I?

2/. I had initially thought that i was going to the courts to try and get the reinstatement of previous arrangements she had rescinded without consultation when she got the new CSA rates. I.E. "x" number of nights per fortnight and "x" number of nights per school holidays. The legal service representative suggested that going for 50/50 care would be a very good tactic and would represent the best possible outcome for the children and myself should i win that (Would't disagree with that statement at all). Going for 50/50 would also give my ex some "negotiating" position to reduce that back to where we started with I.E. "x" number of nights per fortnight and "x" number of nights per school holidays.

I'm really interested in hearing thoughts of members who have gone through or are going through similar.

I will be applying to join the FLWG and i'm hoping to receive expert opinions on the Initiating Application and also the Affidavit if at all possible prior to me lodging them.
Duncton said
My partner and Imet with a community legal service this morning. Main purpose of the visit was for them to take a look at the Initiating Application and the Affidavit i had completedand provide any advice prior to lodging these with the Federal Magistrates Court.

Her main advice was go over it again and take out all emotion. I thought I had but obviously not enough.

A couple of interesting points came up:

1/. They suggested that adding my partner as a 2nd applicant could have a very positive benefit in that the court ……..

Can you be more specfic - was the Centre suggesting your partner make a cross application? or just providing you with a support Affidavit?

If your partner has no relationship with the child (other than as your partner) there must be some special reason for suggesting this - otherwise it is one of the most hare brained things I have heard.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Can you be more specfic - was the Centre suggesting your partner make a cross application? or just providing you with a support Affidavit?

The centre suggested that my partner actually become the 2nd applicant on the Initiating Application I.E. i would obviously be applicant one and she would be applicant two.
Duncton said
Can you be more specfic - was the Centre suggesting your partner make a cross application? or just providing you with a support Affidavit?

The centre suggested that my partner actually become the 2nd applicant on the Initiating Application I.E. i would obviously be applicant one and she would be applicant two.

Did they in any way explain the 'perverse' logic of this? If there was some dramatic way the case could turn on this it might be understandable. Remember you will be applying for contact - not you and your partner. Your partner is an issue in terms of the relationship/reactions with the child.

Even attempting to put your partner on an application will undoubtedly provoke a very hostile response from the other side. Do not create a high conflict situation.

Your partner will have contact with the child when you do - unless there is a large element of child minding involved.



Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
gotta agree with agog, very dumb move, it will not serve to do anything other than bring negative pressure, that is if it can be done at all which i seriously doubt, is your partner a relative of your children, if not on what grounds do they say can she apply.

by all means have her supporting affidavit.

cheers
I think the court will place more value on a supportive affidavit. In addition to this, seeing your partner stay the course through this and that you have a strong relationship are all good things and not to be underrated.

As Agog says, a joint application could do more harm than good.

Courts do worry about the longevity of relationships. I doubt the success of an application on her behalf.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
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