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Post #14109 by My daughters on July 26th 2008, 9:25 PM (in topic “Final Hearing FMC Court Childrens Matters”)

Final Hearing FMC Court Childrens Matters

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.

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