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Cases to support equal time and opening address at trial

Hello
I will be self representing in the Family Cout of WA in relation to a few parenting orders which mysel and the mother of my child are not able to agree on.

One of those aspects is my request to spend equal time with our child, and there is no logial reason why this should not occur.

Is anyone aware of any cases which I could rely upon to support this?

Also, is anyone aware of any resource or examples I could use to help create an effective opening address?

Thanks so much in advance.

 
*bump*………….Any luck there Adelaide1980 ? Elsewhere than on here obviously…. ;)
I dont know where to begin!
First of all you say you you are going to court for a "few parenting orders which mysel (sic)  and the mother of my child are not able to agree on" then you talk about wanting shared care.

Your first mistake is to say "The mother of my child" This is not the correct way to address your ex in ANY legal proceedings. It will show you up as being incredibly selfish. She is NOT the Mother of YOUR child, she is Mum, full stop. Claiming ownership of a child in court proceedings is a very poor look. It also shows you up as having major issues with Mum, and if you have these issues, how is shared time ever going to work?

You also cannot dismiss an application for shared care as a "few" orders in such a manner of fact way. Asking for shared care time is one of the hardest things you could ever want to do in a court and there are many many variables that have to be taken into account in order for shared time to work. "Logic" has nothing to do with it unless its a logical argument backed up with ampe evidence to SHOW it is logical. What you "think" is logical means nothing.

You then ask for case precedents to back up this logical claim for shared time. This shows that you are nowhere near ready to take on what you want to to. Gaining a shared time arrangement that is in the best interests of the children is NOT simply a case of standing up and quoting other cases. It is a complex myriad of variables that have to be addressed one by one in order to even see if shared time is feasible. There will be reports, analysis of behaviours both past AND present and every single thing you say or do WILL be used against you by the other side. You cannot "precedent" your way out of that

You then ask for ways to make an effective "opening address" Court is not TV, you do not get to stand up and soapbox "i think" and "i feel" at the beginning of a hearing. Well you can try, but it will get you nowhere except in contempt of whoever is hearing your case. Once again, court is NOT LIKE TV.

Before a final hearing you produce what is called a case outline. THIS is as good an opening address as you will ever get. In this case outline you do exactly that, outline your case, refer your cast to specific parts of the act and then, without soapboxing, lead the judge to where you want.

Before you even attempt to do what you are saying you are going to do you need to change your whole way of thinking. Forget the emotion, state the facts…. Research this website, there are a LOT of ways to help you self represent. I hope this helps you start your journey,





 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
adelaide 1980

i can see where your coming from but try and chose your words a little better. it can be read the wrong way. Court is a very big thing and the stakes are very high if it doesnt go your way. Obviously if your self represented either legal aid have told u to go away or you cant afford a lawyer.

there are people who experienced in self representing and perhaps try and seek some groups perhaps even try and get an appointment with a community lawyer just so u can prepare documents and have the process explained to you a little better.

i must admit if you represent yourself thats a big thumbs up if you get over the line as it is a david vs goliath situation even when you have a good lawyer. if you can i would honestly try your hardest to get a lawyer.
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