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To SLR or not to SLR - that is the question

 
I am seeking advice in the following and would appreciate help, advice or referral to a practitioner in Brisbane that would be interested in a payment option.


 
Background in chronological order:


1.  Letter to mother requesting she comply with the existing court orders


2.  Response from mother justifying why she contravening court orders and stating that the father was ok with it.  Contraventions continued


 
3.       Contravention Application


 
4.       Registrar Appearance mother reprimanded for not complying with orders even after letter requesting she do so.  Contravention set down for mention in front of Magistrate.


 
5.       Mention of Contravention Application with mention of Application to Vary filed the day before.


 
6.       Contravention Trial set down, Family Report requested.  Mention of Application to Vary on the day of the Contravention Trial.


 
7.       Mother still refuses to follow court order, sends txt message 30 minutes of court stating so.


 
8.       Situation escalates, Father withholds child because of fears of safety and wellbeing.


 
9.       Urgent Recovery Application filed, Registrar sets date for recovery the same day as Contravention Trial (4 months away)


 
10.     2nd Urgent Recovery Application filed, date left the same.


 
11.   3rd Urgent Recovery Application filed with request to move to another court and Magistrate and to appoint ICL.   Date remains the same, ICL appointed.


 
12.     Family Report


 
13.   Recovery/Contravention  - Magistrate makes statement to the father that the child has been in good hands. Interim order put in place, child returned to mother on advice of Family Report.  Trial date set for Application to Vary


 
14.   Attempt to resolve issues, letter sent so come to agreement suggesting child live with father and mother have same visits the father has.


 
15.   Response letter disagrees on all points in very elaborate manner.


 
16.   2nd attempt to resolve offers all things stay as they are, but father will contribute financially to aid with cost with travel to changeover location, increased phone contact and a few extra days visits.

17. No response 3 weeks later



There are multiple affidavits involved in the above, all has been lawyer assisted and paid for.  We have come to the point of not having large amounts of cash on hand to pay for the trial in advance and have been refused payment options effectively leaving my partner unrepresented for trial to take place in 17 days. I love to read and research but am know I do not have the time to do a proper job of this in the very short time I have available.



 
The Application to Vary is asking for the Father to do all of the travel involved with changeover and the Mother do none.  The reason for this is her current relationship has ended and she cannot afford the 100km drive, and it is unfair to the child of  demised relationship to have to be confined to the car every second weekend for the drive. These orders have been in place for 8 years.


 
The Orders she was seeking to vary, that have now been discharged were put in place when she was in receipt of centrelink benefits and had only one child.  The situation financially would still effectively be the same, she is still in receipt of centrelink benefits but now has two children.


 
There is a significant change since the orders were put in place.  The demise of the relationship that produced the second child, this man couldn't deal with the above nonsense and has let her have her way effectively taking him out of the lives of both children.  My partners son has been left in a situation that has caused him to become insecure at the loss of the father figure that he has lived with almost 8 years.


 
That's as brief as I can make it, sorry for the long read  the above process has taken just over 1 year.


 
There is no such thing as an 'Application to Vary'.

You either have 'Interim' Applications (Applications in a Case) or 'Initiating' Applications (Final Orders Applications).

She said
There is a significant change since the orders were put in place.  The demise of the relationship that produced the second child, this man couldn't deal with the above nonsense and has let her have her way effectively taking him out of the lives of both children.  My partners son has been left in a situation that has caused him to become insecure at the loss of the father figure that he has lived with almost 8 years.

Change of circumstances? Maybe? Maybe not?

Your explanation of the case history needs more clarity and accuracy. I was able to follow it up until you started talking about an 'Application to Vary' and then started to advance argument around 'Change of circumstances'.

1. What kind of application(s) is 'alive' at the moment?
2. Who filed it?
3. What's been filed in response to that application and by whom?


4MYDAUGHTER
There you go, I've gone off topic in the first post.

The Application to Vary the final orders was initiated by the the mother.  The Urgent recovery has been settled with the return of the child to the mother.  The Contravention Application has been settled with the mother admitting to 2 of the four contraventions.  No penalties to either party. These are complete

The Application the Vary is 'alive' at the moment - all previous orders have been discharged so an R & A test to prove change of circumstances is now irrelevant is that correct?  probaly what I was going on about.

Affidavit material filed by mother to support her application to change the file orders so the father did all travel associated with changeover includes her finances, and addresses that is unfair to the other child to have to be in the car as well.  This affidavit also defends her contraventions of the Final Orders.

Response affidavit by father

Amended Affidavit by mother

Response affidavit by father

Family Report - mainly recommending everything return to how it has been historically

Negotiation attempt by father - not inline with family report, expected to be turned down

Letter refusing offers by father - elaborate letter of refusal with a key point clarified - travel cost being the cause of financial hardship

2nd offer be negotiate by father - this time inline with family report to return all things as they were except father will pay mothers travellin costs to changeover location and small increase in time with child (recommended in family report that father have more time)

Final affidavit by father - making second offer again in affidavit, includes exhibits of previous offer and response

Final affidavit by mother - does not address any offer to come to an agreement and some other interesting suggesting for the father to do

No response to last offer to come to mutual aggreement



Contemplating another offer to settle the disagreement, the last affidavit of the mother says the father never contributes to school costs.  Include formal offer to pay school costs and travel costs in next offer.  Would make sense that that kind of an offer should be accepted?

There are alot of other minor issues in this case, but the travel is the main issue, it is what brought the contravention application.
Sorry to be blunt - but your additional post only makes my understanding more confused.

You're not being clear at all.

I didn't ask you to re-explain the whole situation.

There is NO SUCH THING as an 'Application the Vary'. So why you are mentioning it again is irritating and unhelpful!!!! In any event - how can there be a so-called 'application to vary' if all previous final orders have been dismissed? Riddell me that! All final orders been dismissed have they not or have I got that wrong?

I didn't ask you what 'affidavits' had been filed.

I asked you what 'Applications' were alive….?! Right? The 'contravention' and 'recovery' applications have been finalised right?

1. So I assume ONLY an 'Initiating Application' remains alive (i.e. unfinalised')…. TRUE OR FALSE..?

2. Who filed it? Is thew Mother the 'Applicant' on the document or the Father? 

4MYDAUGHTER
I'm sorry, I have invoices from the current legal representative that refer to it that way.



All previous orders were discharged when the Interim orders were put in place at the time of the Contravention Trial and Recovery both dealt with on the same day and finalised.

The filing of the Initiating Application to change the Final Orders predates the discharge of the same orders that were in effect at that time.

So, this would now be an Application for Final Orders now that all others have been discharged.  The mother is the applicant.
Thank you.

The first post in this tread makes to mention of an 'Initiating Application' being filed by the mother.

Where in relation to the chronology of filing of applications described in the first post was the 'Initiating Application' filed by the mother?

Was it filed by her before the Family Report was ordered? Or was it file by her recently after the interim orders were made? Where/when?

4MYDAUGHTER
The Initiating Application was filed by the mother 3 months after the Contravention Application was filed by the father.

The Family Report was ordered during the mention of the Initiating application.

The Initiating Application was mentioned on the same day the Contravention application was mentioned and subsequently set down for trial.  The Initiating Application was scheduled for further mention after the Contravention Trial.
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