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Preparing Court Orders from a master template or list

Should the site publish a template covering the most commonly sought orders and appropriate descriptors that would be of an acceptable standard in the courts

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The merits or otherwise of publishing a reasonable master set of orders to pool from

What criteria would we need to impliment in the production of a master list of orders that could be used by persons wanting to put together a draft set of orders.

Typically there are a few core areas that must be covered in preparing orders for applications to the Family Court or Federal Magistrates Court or Local (families division) courts. These orders being sought by people must be reasonable and a set of templates would be useful.


 

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I assume that all avenues of conciliation would have been exhausted through mediation and Family relationship attendances and that court action is a last resort to settle matters where one parent is completely inflexible. :whistle:

Site Director
I believe that orders should be drafted with 2 thoughts in mind!

Do the proposed orders protect the welfare of the children.
Are the proposed orders practical.

Keeping in mind the most children's issues are settled by concent before trial, any templates should cover the basics, "Equal Shared Responsibility", "lives with - when & Where", "spends time with - when", "schooling", "holidays", "Health & medical" as well as "review of orders".

For me - Shared Parenting is a Reality - Maybe it can be for you too!

Orders

I was given copies of orders by a friend for me to look at. I found it useful to see what to put in and what to leave out. All depends on your situation but it was a very useful guide line.

I am in favour of having a a template.


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
The 'Orders Generator' for the FLWG site progresses - albeit slowly and is in its very early stages and nowhere near a pre production release. SRL-R are involved with the production of some 60 categories for the orders and PaulM (a site director) will have the extremely difficult task of integrating these into a workable end user product.

Basically the generator will contain three major linked sections

Categories of Orders and Commentaries (about the types of orders and there neccessity)

Variations of orders that are part of the above categories

Links to various parts of the ACT, the AGs explanatory memorandum, judgments around key areas

If you are a reader and would like to comment as a potential user, a 'restricted' draft version of the commentaries is available for perusal




Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
I would like to read the restricted draft version of the commentaries with a view to passing a constructive comment, how do I go about it?



Document review and feedback

I am willing to read and provide feedback if you want.
Agog said
The 'Orders Generator' for the FLWG site progresses - albeit slowly and is in its very early stages and nowhere near a pre production release. SRL-R are involved with the production of some 60 categories for the orders and PaulM (a site director) will have the extremely difficult task of integrating these into a workable end user product.

Basically the generator will contain three major linked sections

Categories of Orders and Commentaries (about the types of orders and there neccessity)

Variations of orders that are part of the above categories

Links to various parts of the ACT, the AGs explanatory memorandum, judgments around key areas

If you are a reader and would like to comment as a potential user, a 'restricted' draft version of the commentaries is available for perusal
fair_go said
I would like to read the restricted draft version of the commentaries with a view to passing a constructive comment, how do I go about it?
Firstly you will need to join the SRL-Resources group on this site as they are the lead "Architects" They are also working with Dad4life who is a subject matter expert on Parenting Plans on the site here. These guys are delivering to the IT support group who are developing the back end data bases. If you have problems contacting Agog or Dad4life let us know.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I agree a template would be nice... just a basic guideline point people in the right direction. I am trying to find someone with recent Affidavits and Orders especially with the new changes to FL. Not easy.... Montiverdi (forgive me If I spelt it wrong) is having a look at my partially completed Affidavit and orders. I really appreciate that.
I think draft orders would be nice, its important to get medical , contact/communication issues, attendance at events, doctors and long term issues adressed properly.

For example it should be important that if you feel your partner is manipulative you should write in clause that say an agreement has to be reached before something happens in XXX circumstances. Covering all your bases is one the most important parts of having orders that make sure both parents are equals or are treated equally and that parents are given the opportunity to agree on the parenting.

Making a template would only make sure that people who have had the experience with orders would know the boxes to tick and that resonable restrictions or responiblities are met through the orders

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
You are welcome to see mine. Can someone whisper an email address to send them to.
monster said
I think draft orders would be nice, its important to get medical , contact/communication issues, attendance at events, doctors and long term issues adressed properly.

For those that have not read through older posts - the site has an automatic orders generator on the list (which dots every 'i' and crosses every 't'). The release has been continually put back because of other site developments particularly the integrated ISYS search engine and other site developments.

The orders generator (for producing Applications for Orders as well as Consent Orders) is a very costly time exercise. Already to get to the 75% completed data (for entry) stage has consumed more than 300 hours. Programming and other stages may add another 300-400 hours to the task.

A text based prototype has been supplied to SRL-R members on several occasions together with example layouts for Affidavits et al which comprise of over 100 pages.

The single biggest problem with either a text based or computer generator is our experience of people treating orders like a 'wish list' because they 'sound good' without fully understanding they may be called on to explain 'why' in a Court room.

In the context of orders it is important to remember that for Court applications; Affidavits and Orders are intertwined documents, the first giving the evidence of why the second is required!



Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
I must confess we have not progressed this area as we would have liked. It is a credit to Agog and Dad4life because the extent of effort already applied to a Parenting plan template generator and an Orders calculator has been immense but we are not there yet.

The big issue of concern is that to publish a complete set of orders without a lot of pre-qualification is a recipe for disaster because it will become a wish list. Agog has discussed this already. What we and the development group are trying to do is put together a walk through question set that guides you down a set of orders being generated at the end based on the responses to a range of specific questions. These questions ask about work programmes, time available, habits, weekend time, week time etc. We also want to provide legislative references to specific sectioons and selections as well so it is not just a  simple matter of making a list of items up and saying "select from these".

The complexities are enormous and I cannot say we are anywhere near a resolution. I suspect it will be this year but I cannot say when and it will not be in the next two or three months. We have focused on the areas of Parenting plans and building a secured area for development of parenting plans in a special system.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I heard Judges or the Judiciary have a handbook of preferred Orders or the preferred wording of orders for a number of situations. Is this true or not, if true would it be available to those making the Orders Calculator?

I applaud those taking on such an enormous task that will need to be able to evolve therefore never end and wish you all the best.

I started making a list "Things the Judge wants to Know about in Child matters" but work and other things has delayed it, maybe if I was a SRL member I would find you already have affidavit help on that line.

Cheers and Good Luck to you all.


In addition "the creation of a list just allows parties to ask for everything regardless of any relevancy" is a probability but the decipher would help those with wish lists to focus more on the relevancy of the Orders to their situation.

I would think the decipher could help with the affidavit too as it would help focus minds on what is required for the Order to be made.
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