NSW Affidavit draft for initiation action

[Deanmartin01]

Is it common practice to ask a family lawyer to read over your draft affidavit and provide pointers then settling that bill?

Then looking over all my documents before uploading to the efile and paying that bill. Bit worried I would upload to the wrong area with documents not properly referenced or laid out.

I am at 24 pages of text. I read that some lawyers charge $10 for reading 100 words and $20 for writing 100 words. Paying money is fine, but I liked to learn and try myself also.

Then if required a re-read and discuss costs to attend court once requested?

I’m trying to do all work myself but would love a little help once completed.

 

[AllForHer]

Not all firms will support SRLs with ad hoc assistance, but there are few that will. Call around or e-mail a few and ask.

Legal Aid also offers three free consultations per matter in family law. We used ours for guidance on writing our affidavits and on what forms to file.

 

[Tim W]

From a practitioner's perspective....

• You don't perform surgery on yourself, and then go to a doctor, chosen at random, or chosen according to price,
  to see if you've got it right;
  
  
• If a practitioner looks over your documents, but finds that they are technically correct but lacking in merit,
  then the client tends to blame the practitioner for the deficiencies, even when they are of the client's making,
  and when the fixing of which was not part of the instructions;
  
  
• It can take just as long to fix up a deficient document, or make good a poorly worded argument
  written by a lay person, as it does to just do it correctly and well from the get-go.
  And it will cost the same, pretty much.
  
  
• I often say to people that things, into which they have put a lot of effort, need to be wholly re-worked.
  Mostly, they hate this, because they think I am just scamming for work. They are mistaken.
  
  
• You won't save all that much money, because....
  • the lawyer's overheads are the same, no matter that you might want an ad hoc, a half-weight job or a proper job.
    There will still be costs associated with creating the file (even if the lawyer waives some or all of it); and
    
    
  • even thse days, and for small amounts, you will almost certainly still have to sign a Costs Agreement and a Costs Disclosure.
    This is for no other reason that to be clear about the scope of the work.
    Further, some people (including me) charge a higher rate for (what you call) ad hoc work than they do for work on an agreed scale ; and
    
    
  • there's no such thing as "just have a quick look and tell me if it's OK".
    You will still get the same amount of attention and consideration
    that the lawyer gives to any client and any question; and
    
    
  • work is always done thoroughly and properly - because that's what you're paying for regardless; and
    
    
  • in any event, we are assuming the professional liability "tail" for the work;
    
• As to doing it yourself and "learning as you go" (which is really code for "...so I don't have to pay a lawyer next time..."),
  well, you might find one. They do exist.
  But, given the reasons above, you might have to look around for a while.

 

[Rod]

It is not common practice but it does happen. If there are significant assets then it may pay to get legal advice at the beginning as many things flow from the initiating application and while you can amend your documents there can be cost consequences in doing so. Would you rather pay for your legal fees and advice, or pay for the ex's when her lawyer lodges a costs claim against you because you stuffed up?

There's a good chance the other party is not going to agree to what you say, else you'd not be starting a family law case.

Family law is more forgiving in terms of what the court will accept but as mentioned above there can be consequences for getting things wrong.

I understand where you are coming from, and I also understand Tim's position. I did part DIY many years ago and it cost me thousands because I didn't manage the separation bit well. I should have got legal advice when the split first happened rather than later and I would have saved more than I spent. I tried to hang on too long to a relationship that wasn't working.

 

[Rob Legat - SBPL]

I agree with Tim's points, and add that unless you simply want technical overview (per point 2 of Tim's post) the lawyer is going to need to investigate and consider the factual situation before they can give proper guidance on the affidavit. It's also the nature of legal actions that you need all the moving parts working properly. There's no point in having a correct affidavit if the Court throws out the application before they even get to considering it.

You may also find that you'll spend more in having the lawyer check every little item to make sure it's correct when they could have more quickly used their own precedents which they know are correct. I think you'll be hard pressed to find a lawyer who is willing to sign off on a document which they haven't gone over with a fine tooth comb.

 

[Rod]

Yes. A lawyer will be thinking professional indemnity risks at a minimum.

 

[Deanmartin01]

Thanks everyone, that’s pretty much what I thought.

The only good thing about drafting my own affidavit: it allowed me to piece together the situation in a chronological order, so when the lawyer is doing the affidavit I can refer to my own work easily without pouring over emails to answer him/her. Also it gave me some peace knowing I was moving forward in some way.

We didn’t seperate as we were not living together, casual relationship. However I will be paying back to the boyfriend the child support for the past 2 years. I offered to pay everything before but was refused.

I need to prepare that money, court and lawyer fees before I begin anything. Can’t wait to see what my baby looks like.

Thanks so much again.

 

[Tim W]

...I will be paying back to the boyfriend....

Ummmm, no.
Not unless the boyfriend is the parent with pretty much full time care.
If you want to maximise the prospects of your money spent on your child,
then either give it to the mother/ full time parent, or, and better,
make a third party payment arrangement.
That's a thing where you pay certain child related costs directly to third parties - such as child care providers,
specialist doctors, sports registration fees, mobile phone bills, or what have you.
The expense still gets met, by you, but the "other" parent, let alone the "other parent's boyfriend" never handles the money themselves.
Let me be clear here - giving money to "the boyfriend" in the hope that it will be spent on your child
is just plain dumb.

Can’t wait to see what my baby looks like.

OK, so you are clear that making Child Support Payments
does not of itself create any kind of automatic right to see the child, yeah?

 

[Deanmartin01]

I presumed after the legal DNA result is provided, then the court and the parents boyfriend will want the costs of raising my child to this point paid back to the boyfriend as he paid everything to that point.

If I don’t have to reimburse him that’s fine, more money into my own account for my child.

Paying child support doesn’t mean I can see my own child, I know there are many separate hoops to leap through for that.

I am figuring out and preparing for the costs involved in the reimbursement, lawyer fees and court costs before I submit. Plus I know the parents boyfriend will most likely try to delay and fight against all of this as they would rather be left alone.

 

[Lennon]

You will only have to pay your ex back-dated child support if she has applied for child support. I gather she has not, so you won't need to pay back anything. You won't have to pay her boyfriend anything, either way.

The longer you delay, the harder it will all become. Get on with it, I say.