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Self represent in Family Court?

Hello,

I am looking for some advice to self represent in the FCA (South Australia)

I have court orders for my two daughters (4 and 9) that say I have 5/14 nights and half the school holidays. These were drawn up Feb 2007 and all is going well. At the time I did not realise that I  should have added that I would want phone contact with my daughters.

Everything was fine until January this year until the ex stopped phone contact (new hubbie). I tried to resume contact with my kids by calling and a few text messages that resulted in her applying for a restraining order (I am currently fighting that in court with a lawyer).

I would now like to change the orders to include phone contact and am wondering if I can do this without a lawyer? (The ex refused mediation over this issue and I have letter from mediator)

Can anyone offer advice on this matter?

Thankyou

SR
Do the orders you currently have disallow phone contact?
I do not think you would be able to overcome the Rice and Asplund requirements to go back to court.

Given that you have regular contact every second week, it could be argued that the phone contact is intrusive.

If phone calls are not expressly in the orders, it could also be argued that this was done to reduce conflict.

Once you have final orders, whether they are consent or handed down, they are hard to change.

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. 

Self represent in Family Court?

The orders do not stop phone contact but the interim restraining order does.

How is it that anyone else in the world can contact my children….except me?

If I was to stop the mother from calling (she doesn't want to) it would be child abuse. If I want to call it is intrusive.

I have gone from the primary carer to someone the children cannot even talk to on the phone all because of an abused law. Someone should pay for this injustice.

SR



EDIT: Would the fact that calls had been regular for 12 months and then suddenly stopped satisfy the Rice and Asplund requirement

Last edit: by selfrepresent

I went through this about 18 months ago.

We had consent orders that worked well for two years and then my ex went a bit mad again, She started another round of family law stuff and at the same time stopped all phone contact along with AVO stuff (and worse) ……After about three months i got my daughter, who was then seven, a moblie phone.

I managed to win orders in interim hearings that say it is the parents responsibility to make sure the child has her phone with her at all times. I also agreed to a daily call time period…….. As a result my daughter gets one call a day from me, and she can call mine when she likes also.

She is nine now and has had the phone for two years almost, She knows how to use it and look after it…. without doing this we would hardly talk to eachother when she is not here

soooo…..If you have a ban on calling the ex's phone, get the older child her own moblie, totally legal, no breaching anything……

a good band aid solution in the interim……. just beware of phone "damage" in the other house… I think im up to four now ;-)

Ta

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

The change in phone access would not be enough to allow for a return to court.

If Mum stopped all contact, that may be sufficient. Although that will depend on what happens with the AVO.

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. 
Hi Gooner,

I tried that as the first option. The phone was confiscated the first time it went to the shedevils house. It is duly returned to my daughter on return to my house.

Cops wont do anything about it

SR



gooner said
I went through this about 18 months ago.

We had consent orders that worked well for two years and then my ex went a bit mad again, She started another round of family law stuff and at the same time stopped all phone contact along with AVO stuff (and worse) ……After about three months i got my daughter, who was then seven, a moblie phone.

I managed to win orders in interim hearings that say it is the parents responsibility to make sure the child has her phone with her at all times. I also agreed to a daily call time period…….. As a result my daughter gets one call a day from me, and she can call mine when she likes also.

She is nine now and has had the phone for two years almost, She knows how to use it and look after it…. without doing this we would hardly talk to eachother when she is not here

soooo…..If you have a ban on calling the ex's phone, get the older child her own moblie, totally legal, no breaching anything……

a good band aid solution in the interim……. just beware of phone "damage" in the other house… I think im up to four now ;-)

Ta
selfrepresent said
Hi Gooner,

I tried that as the first option. The phone was confiscated the first time it went to the shedevils house. It is duly returned to my daughter on return to my house.

Cops wont do anything about it

SR

 
SR

We have almost the exact same residence arrangements, i have 4n p f/n half the holidays and one evening a fortnight too, Im going for 50/50 this time round

With the phone business I had that happen as well

first one was "i lost it"

second one "the dog chewed it up"

Third one "we left it at my friends"

I filed an application in a case, when i went into court, we were in front of J Waddy (before he got ill), bearin mind it was an application is a case i brought and it was not "fresh" hearing and that the phone thing was sort of tagged onto the application……. it went well

Waddy said "why cant the child have her own phone" more than once, and he allowed my order and he made the order demanding that" each parent is to ensure that the child has her mobile phone on her at all times" without me asking for it….There is even an order that says "neither parent must hinder the calls between the child and the other parents"….I made a point of saying on the day it would not be for constant calling, and that it was best for my daughter to continue the same kind of phone contact she is used to….  AND during this time i had AVO's and MORE in the local courts trying to be used against me…….With the AVO stuff, i think this actually helped Waddy make his decision as he could see i was trying to avoid the psycho ex…… Oh, and the other side fought against it too.

I dunno what the procedure is if its alrerady gone to final and there is no case pending, we have final consent orders, but this was a new application made by her……so i was able to slip it in…..

Just to let you know that i have also filed TWO contraventions on her because of the phone orders… Her lamo explanations are on record, and even though i dropped both of the on hearing day……. Im sure the prep and stuff must have cost her a few thousand $$$$ ;-)

Im not a legal whizz but my experience on the phone thing was very successful indeed… the fact that there WAS lots of phone contact previously did count for a fair bit when Waddy made his decision… Its just sad when orders have to be micro managed like this, but its better to fight and keep ALL aspects of your daughters relationship with you than let some selfish ex impose her own will and thoughts on a child….

One last thing, does SHE call your daughter when your daughter is with you?

ta

Last edit: by gooner


They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Hi Gooner,

Thanks for the info. She does not call as she does not want to talk to the kids. She was not the "primary" carer when we were together. Now she has them more than she can handle. The last thing she would want is to talk to them whilst they are not there.

SR
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