Hi y’all!
I’ve been running my partner’s case for 2 years in FCWA while he self reps. In that time financial proceedings were finalised by consent and we came away with a really great result. We also have interim parenting orders - some by consent and some not - which have allowed us both to build a really solid and happy relationship with his child (despite his ex’s efforts), which is at the point now that I think if she tried to cut us out of child’s life (what we’ve been in court to prevent), the child would not accept it.
The orders we’re seeking aren’t massive changes, they’re more to guarantee our regular time with kid won’t be taken away, phone contact won’t be taken away (she likes to block us on kid’s phone), and to establish holiday time which she’s always refused despite child telling Family Consultant, Independent Children’s Lawyer and Single Expert Witness they want to go on holidays with dad.
Child is approaching an age where court orders won’t matter so much and if they want to come see us or come away with us they probably just will, but that’s likely another 2-3 years away and we want to make sure that their dad is present and involved during this critical period of their life.
The ex-wife is onto her 5th lawyer while we’ve had none. We wouldn’t have the interim consent orders we do had it not been for the reasonable advice and guidance provided to the ex by her previous lawyers (which she is now fuming about).
When I say she’s the ex-wife from hell, I mean it - though I know some have it even worse. Think closet alcoholic not over the break up (3.5 years ago) who thinks the whole court is conspiring against her to enable my partner’s “control” of her (i.e., through court orders that she has to allow child to spend time with dad).
Recently I filed a contravention application for 50+ carefully documented breaches (some very serious, some less so). Could not be resolved despite my partner being willing to drop the application if child could spend a one off additional weekend with us at her convenience. Her lawyer strongly advised she accept offer but she refused. Now going to trial and orders have been made to submit additional affidavits before callover.
There’s a violence order (CAO) in place so we’ll have a lawyer through the cross examination scheme but I’m unsure if that will be allocated in time for contravention trialbut assume so. We have a directions hearing prior to callover but that was scheduled a while ago. Awaiting SEW report to be released, expecting it to be strongly in our favour though I guess you never know.
My questions are:
1. What’s a callover? Do we need to attend?
2. Is a lawyer/client entitled to fire a client/lawyer if they’re represented through the Legal Aid CX scheme? If that happens, would Legal Aid fund yet another lawyer for the party?
3. What types of orders can come out of a contravention trial?
4. Can anyone share their experience of a contravention trial?
5. I don’t understand why a final trial is needed when there’s so much evidence and so few orders outstanding - couldn’t we get them through a contravention trial and be done with Family Court? (The ex is deluded in thinking eventually things will swing and they’ll decide dad is secretly terrible - I’m hoping she begins to understand how seriously bad things are looking for her case come the contravention trial and want to reach agreement and avoid a final trial)
Thanks all! x
I’ve been running my partner’s case for 2 years in FCWA while he self reps. In that time financial proceedings were finalised by consent and we came away with a really great result. We also have interim parenting orders - some by consent and some not - which have allowed us both to build a really solid and happy relationship with his child (despite his ex’s efforts), which is at the point now that I think if she tried to cut us out of child’s life (what we’ve been in court to prevent), the child would not accept it.
The orders we’re seeking aren’t massive changes, they’re more to guarantee our regular time with kid won’t be taken away, phone contact won’t be taken away (she likes to block us on kid’s phone), and to establish holiday time which she’s always refused despite child telling Family Consultant, Independent Children’s Lawyer and Single Expert Witness they want to go on holidays with dad.
Child is approaching an age where court orders won’t matter so much and if they want to come see us or come away with us they probably just will, but that’s likely another 2-3 years away and we want to make sure that their dad is present and involved during this critical period of their life.
The ex-wife is onto her 5th lawyer while we’ve had none. We wouldn’t have the interim consent orders we do had it not been for the reasonable advice and guidance provided to the ex by her previous lawyers (which she is now fuming about).
When I say she’s the ex-wife from hell, I mean it - though I know some have it even worse. Think closet alcoholic not over the break up (3.5 years ago) who thinks the whole court is conspiring against her to enable my partner’s “control” of her (i.e., through court orders that she has to allow child to spend time with dad).
Recently I filed a contravention application for 50+ carefully documented breaches (some very serious, some less so). Could not be resolved despite my partner being willing to drop the application if child could spend a one off additional weekend with us at her convenience. Her lawyer strongly advised she accept offer but she refused. Now going to trial and orders have been made to submit additional affidavits before callover.
There’s a violence order (CAO) in place so we’ll have a lawyer through the cross examination scheme but I’m unsure if that will be allocated in time for contravention trialbut assume so. We have a directions hearing prior to callover but that was scheduled a while ago. Awaiting SEW report to be released, expecting it to be strongly in our favour though I guess you never know.
My questions are:
1. What’s a callover? Do we need to attend?
2. Is a lawyer/client entitled to fire a client/lawyer if they’re represented through the Legal Aid CX scheme? If that happens, would Legal Aid fund yet another lawyer for the party?
3. What types of orders can come out of a contravention trial?
4. Can anyone share their experience of a contravention trial?
5. I don’t understand why a final trial is needed when there’s so much evidence and so few orders outstanding - couldn’t we get them through a contravention trial and be done with Family Court? (The ex is deluded in thinking eventually things will swing and they’ll decide dad is secretly terrible - I’m hoping she begins to understand how seriously bad things are looking for her case come the contravention trial and want to reach agreement and avoid a final trial)
Thanks all! x