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Post #32157 by oneadadc on September 27th 2010, 1:22 PM (in topic “Signalling at the Newcastle Family Law Court”)

Signalling at the Newcastle Family Law Court: Signalling from the Bench is very Common.

Yes - Its true - signalling from the bench is very common.

Usually it involves the Judge or Magistrate suggesting they are thinking about making particular orders or alternatively saying that they can't see any problem with a particular arrangement or party.

It is really a two fold message to the parties - either adjust what you are seeking or present more evidence to support what you are seeking. People who don't listen tend to get a surprise at the end.

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Post #32117 by oneadadc on September 26th 2010, 1:09 PM (in topic “Lega aid solicitors has withdrawn my consent orders...what can I do?”)

Lega aid solicitors has withdrawn my consent orders...what can I do?: Clarification Needed!

Some clarification is needed.

Consent Orders can only be made by a court- in fact they are "Orders" made with the consent of the parties.

So your Legal Aid Solicitor cannot change your "Consent Orders" only a court can.

What I expect you mean is you Legal Aid Solicitor withdraw your minute of proposed orders. If the proposed orders already had the agreement of the other party and were to be made into orders by consent by the court, seeking to change what has already been agreed to restarts the negotiation process.

I note you mentioned the change was sought because the other party had not been following the consent orders.
It would have been more appropriate to allow them to proceed to court and have the orders made by the court.
Then both parties have to follow the orders (unless they agree to do something else) and enforcement action can be taken where appropriate.

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Post #31984 by oneadadc on September 21st 2010, 1:37 AM (in topic “Mother taken off interstate with one child leaves one behind !!!??”)

Mother taken off interstate with one child leaves one behind !!!??: An initiating Application

Is usually required to be served by hand.

If the mother cannot be located by the process servers, then upon application the court would consider (and likely grant) a request for a Location Order or Commonwealth Information Order. If the mother is receiving income support from Centrelink or Family Assistance. Or is is receiving Child Support though the CSA. A Commonwealth Information Order requires those organisation to provide any address information the hold to the court. I would note that it is a condition of receiving any of the above payments to provide accurate and up to date address information. All 3 have been known to withhold payments where they believe they have incorrect address information.

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Post #31983 by oneadadc on September 21st 2010, 1:27 AM (in topic “Last issue First”)

Last issue First

Interim orders are precisely that- temporary orders made without the evidence being tested. The arrangements you describe are fairly conventional interim orders where a parent needs to build a relationship with a parent. So in the end, you will find the Magistrate will have no trouble making Final Orders which are different from the Interim Orders. That is in the unlikely case that the magistrate is actually left to decide. In reality most cases settle by consent - well over 90%.

Yes a person can object to the family report, but the objection is usually unsuccessful. The court prefers that a person who disagree with a family report ask the Report Writers question during Cross examination during the Final Hearing or Trial. Yes - Family Reports can have a significant influence of the Courts decision but the court is not bound to accept the report's recommendations.

On the issue of the children's reports about what dad is saying. Don't get too caught up in it. If you must respond to the children - simply say that is not true. I would mention it to the family report writer when your interview occurs.

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Post #31981 by oneadadc on September 21st 2010, 12:47 AM (in topic “Initiating Application for child access”)

Initiating Application for child access: !st Mention

Generally the Federal Magistrates Court will list a new matter for it's first mention 6 weeks after filing. In certain exceptional circumstances it is possible to seek an urgent hearing - note the word "exceptional" - not seeing your child or children is not considered exceptional.

The respondent should file and serve their response before the first mention.If they do you will know what they are arguing. If they don't file a response the court will make orders for a response and affidavits at the first mention.

Your mention of a contact service makes me suspect that you expect allegations to be made.

Doing the preliminary research about Contact Center's, including finding out intake procedures, waiting list and available times and dates will put you ahead of the game if the requirement for supervised contact does arise.

Last edit: by oneadadc

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Post #31965 by oneadadc on September 20th 2010, 1:13 PM (in topic “Child returned under Hague Convention, now fighting Relocation case.”)

Child returned under Hague Convention, now fighting Relocation case.: For better or Worse

If a court is asked to consider relocation. The question will be considered on its merits based on the Best Interests of the Child principle in the context of the Family Law Act. In other words the court will consider whether it is best for the child to stay or reloctate. Past behavior such as unilateral relocation and a Hague recovery will not have a lot of influence in the relocation decision.

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Post #31964 by oneadadc on September 20th 2010, 1:00 PM (in topic “FOI Request”)

FOI Request: FOI requests and the CSA

A  number of years ago I lodge an FOI request with CSA. It sat in limbo for many months. Eventually I approached my local Federal MP. A staff member wrote to the CSA on my behalf and surprise surprise - the file turned up a couple of weeks later.

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Post #31923 by oneadadc on September 17th 2010, 1:24 AM (in topic “Relocation and Validity of Old Consent Orders not being followed.”)

Relocation and Validity of Old Consent Orders not being followed.: In answer to the original question

If "B" did unilaterally relocate, "A" could certainly seek to have the original orders enforced, at least the relevant clauses. The time scale to get the matter into court could be hours or days, certainly not weeks. The most likely path is a contravention which generally results in a first mention 2 weeks after application with the strong possibility of a hearing the same day or within days depending on arguments made with the application.

in the end the court would make it's decision on the merits of the case which could mean "B" would have to return or may be allowed to stay in the new location.

The new arrangements that have developed over time could become the new orders.

The views of a child 12 1/2 would certainly be given considerable weight by the court, subject to the court being reasonably sure they were the child's views.

If a parent wishing to relocate wished to argue social isolation then they would need to be able to show they lived in Isolated community with no real prospects of viable employment.

On the issue of schooling they would need to be able to show that the new school offers advantages for the child over the existing school, especially where that is a private school.

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Post #31922 by oneadadc on September 17th 2010, 12:33 AM (in topic “Father of a newborn”)

Father of a newborn : Finding the Balance between patience and allowing the status quo to develop.

From your previous posts it appears the mother will probably see anything and everything you do as controlling. Her attitude may change as time passes but that is uncertain.

In the mean time, using a solicitor to write the letters with your proposals will certainly indicate you are serious. I note you have already done a half day parenting course. See what others you can find. Depending on where you live there is probably a course for the parents of babies run by community health or a similar service. Doing such a course may alleviate some of the mother's concerns and if you end up in court it will certainly alleviate the courts concerns and give the court leverage to pressure the mother into agreeing to time with the child unsupervised.

I would also suggest doing some research on the issues the mother may attempt to raise if you proceed to court.

Some of the basic ones are

No experience as a parent -

Still breast feeding the child -

The child will become distressed being away from the mother -

In my experience the courts are also loath to order overnight visits in cases similar to yours, at least until the child turns 2 or 3 or the mother agrees.

as you have already been advised your strategy should be to get some contact happening to start developing your relationship with the child, then building on that time a in progressive steps.

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