Donate Child Support Calculator
Skip navigation

Final Hearing FMC Court Childrens Matters

Want to find to find out a bit more about the processes on the day of the Final Hearing

Im amazed at the breadth and complexity of cases and situation on this site and feel lucky to have access to such a site.

MY CASE

INTERIM HEARING

After filing my initiating application our Children's matter was heard by the FM during Nov 2007. 
Orders were made for the girls to spend 4 nights per fortnight with me and 9 nights straight, during each of the school holiday periods between the Interim Hearing at end of 2007 and the Final Hearing in August 2008.
My initial application for the Interim Hearing requested 7 nights per fortnight after consulting with my now 'sacked' lawyer.
My ex's initial application for the Interim Hearing wanted me to only spend 3 nights per fortnight with our girls  
Our girls are 6.5yrs old and 3.5 yrs old

FINAL HEARING
Our Final Hearing is scheduled for Aug 2008 and is scheduled for 2 days.
My ex still only wants me to have 3 nights per fortnight as detailed in her Amended Application.
In my amended application I have asked for a stepped increase in the amount of time the children spend with me:

1.        5 nights per fortnight from August 2008 (4 nights one week then, then 1 night the next week)
2.       6 nights per fortnight from March 2010 (5 nights one week then 1 night the next week)  
3.       7 nights per fortnight or week about from March 2012

March is significant because it is my youngest daughter's birthday, March 2010 she is 5 and March 2012 she is 7

QUESTIONS Of This FORUM

  1.  Can my siblings and father be excused from attending court. My father, two brothers and sister all submitted affidavits to the court attesting to my good character and their good relationship with my daughters. Reason they did this is because my ex tried to dis-credit them completely in her affidavit and stated that they Did Not have a relationship with my daughters. My ex's solicitor wrote to me putting them on notice for cross examination.

2.   My ex has subpoenaed documents from the primary school where my eldest attends, the day-care centre where my youngest attends and police records. I  have not subpoenaed anything.

3.   An AVO was taken out on me by my after I asked my ex and her mother to leave my house when I found them clearing out belongings. It had been 3 weeks since separation and I had not seen my ex and barely seen my kids. There was no violence or threat of, I civilly asked the mother-in-law to leave my house, the cops came and my ex applied for an AVO.  Spoke to my lawyer who advise I take an AVO out on her. The AVO's were revoked in the Local Court after my ex finally, on the 3rd visit to court agreed to withdraw her application. WHAT a Farce

4.    Do I need to cross examine my ex. Is there any point

5.    Can I interject during proceedings fro any purpose. Would there be a point a point in doing that??

6.    If new evidence is introduced to the court on the day of the final hearing, can I seek leave of the court to inspect and read the documents outside. OR can I ask fro an adjournment of proceedings until another day

7.    Can I have a Mckenzies friend/note-taker/solicitor to sit next to me at the bar table and assist me.

8.    Can I hire a solicitor to cross examine fro me or does it have to be a barrister

9.    Can I use a combination of solicitor, Notetaker for the day

10.   The Family Report was reasonable scathing of my ex. Saying she was deeply hurt by the separation and she was projecting her own fears and emotional hurt onto the children and was confusing her own needs with the needs of the kids. 

11.     Do I write to the family report writer requesting his attendance at the hearing and write a long list of questions outlining my strong points and my ex's failings.

Lot's of questions - some answers

1.  Can my siblings and father be excused from attending court…..
No, not if they have been put on notice for cross examination. It is unlikely that they will all be cross-examined, however, they may all have to attend and make themselves available. This is the problem with "character references". Don't worry, we (my partner and I) made the same mistake as SLRs. An easy trap for new players.


2.   My ex has subpoenaed documents from the primary school where my eldest attends, the day-care centre where my youngest attends and police records. I  have not subpoenaed anything.
You may want to consider subpoenaing the children's medical records, if you think the ex has not been fortcoming about any visits to the doctor. You should only subpoena things you think will help you in your case. Use the attendance records and highlight any non-attendance that you have not been told of. Lives with parents have a responsiblity for communicating this to the other parent. It's part of parental responsibility and knocks holes in her argument that she needs major care as being the better parent.

3.   An AVO was taken out on me by my after I asked my ex and her mother to leave my house when I found them clearing out belongings. It had been 3 weeks since separation and I had not seen my ex and barely seen my kids. There was no violence or threat of, I civilly asked the mother-in-law to leave my house, the cops came and my ex applied for an AVO.  Spoke to my lawyer who advise I take an AVO out on her. The AVO's were revoked in the Local Court after my ex finally, on the 3rd visit to court agreed to withdraw her application. WHAT a Farce
Yes, and par for the course sadly.


4.    Do I need to cross examine my ex. Is there any point
YES. If you do not cross examin her, everything in her affidavits is accepted as gospel. Think about any fibs where she may trip herself up. Lots of yes/no questions. We'd need to know more circumstances and strategy to advise what questions to ask.


5.    Can I interject during proceedings fro any purpose. Would there be a point a point in doing that??
Spend some time in court and watch how the "pros" do it. It's not like Perry Mason or law and order in our family courts.
The most powerful things you can do is ask the FM to strike out any opinion, hearsay or unsubstantiated claims or errors from the final affidavit.
Also, this is a last chance to advise of any typos or errors in yours. During the examinations, you are best not to interject (unless you firmly understand a point of law) and
wait until it is your chance to cross. Write down any "damage" done and notes on how you may "repair" this damage when it is your turn to speak, by asking further questions of the witness.


6.    If new evidence is introduced to the court on the day of the final hearing, can I seek leave of the court to inspect and read the documents outside. OR can I ask fro an adjournment of proceedings until another day
It is unlikely an adjournment would ge granted, but you can seek leave to reveiw the documents.


7.    Can I have a Mckenzies friend/note-taker/solicitor to sit next to me at the bar table and assist me.
Yes, but you must ask the courts permission and this may not always be granted. There is LOTS of information on this site about Macca's. Do a search and read :)
A good one will be more than a note taker, I once referred to Macca's as 'page turners' for the pianist and have never lived it down :(


8.    Can I hire a solicitor to cross examine fro me or does it have to be a barrister
Solicitor's will rarely address court directly. A "direct brief" barrister may be a better option. You would need to be very clear on how you want to progress your case,
and present very well-written, legally acceptable documents for this to work. Direct briefs, depending on where you live, can be thin on the ground.
Having said that, it's a roaringly good option as it can be very hard to cross examine your ex partner. My partner still felt sorry for his ex (even after all the nonsense she had put everyone through).


9.    Can I use a combination of solicitor, Notetaker for the day
Not sure what you mean by this?


10.   The Family Report was reasonable scathing of my ex. Saying she was deeply hurt by the separation and she was projecting her own fears and emotional hurt onto the children and was confusing her own needs with the needs of the kids. 
You should be referring HEAVILY on these quotes in your affidavit, the family report should be submitted as an annexure and a lot of your strategy will come from this document. Have you requested the report writer to appear? You can ask for this. There may be a slight fee and they need lots of notice to allow them to attend.


11.     Do I write to the family report writer requesting his attendance at the hearing and write a long list of questions outlining my strong points and my ex's failings.

Yes, you write to the boss of the report writer, or if they are under the freelance system in place now, to them. DO NOT prejudice them with any new information. DO NOT send them lists of questions or information. This is what you will ask them when they give evidence.

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. 
1 guest and 0 members have just viewed this.

Recent Tweets