NSW Consent Orders - What to Do When Ex Refuses to Sign?

[AllForHer]

The opposite, mate. I don't think you're asking for enough.

The average outcome from Court is at least five nights a fortnight and half school holidays. As a bare minimum, that's what you should be asking for, or more if it's doable.

The kids are old enough to have an opinion about this situation. Have they expressed their views about care arrangements?

 

[sydman110]

The problem is the kids, are very much under the influence of the mum for which they may decline to stay with dad too... The situation is like that with me..

If their mum says, "don't agree to stay with dad", then they will say that.

 

[AllForHer]

Right.

Well, as I said, the views of the kids, particularly the eldest, will likely be given some weight in Court, but it's a family report writer who interviews the kids to discern what their views actually are. You'll find kids will say one thing to mum, one thing to dad, and something different entirely to an objective third party.

I suggest seeking at least five nights a fortnight, if not equal time. What's the worst that could happen?

 

[sydman110]

Your replies giving me lots of positivity honestly... I mentioned in my affidavit that I am seeking from Friday after school to monday before school.

Can she deny the matrimonial debts? I do have all the transactions made from bank statements. can i PM you couple of details?

 

[AllForHer]

Mate, I'm not a lawyer, so I'm not going to be able to provide much help on that front.

When you say matrimonial debts, do you mean the credit cards, etc. that the family lived off when the mortgage was consuming most of your income?

 

[sydman110]

Mate, I'm not a lawyer, so I'm not going to be able to provide much help on that front.

When you say matrimonial debts, do you mean the credit cards, etc. that the family lived off when the mortgage was consuming most of your income?

Yes, absolutely. It was all on my family actually.

 

[AllForHer]

Well, it's pretty unlikely that she will be able to escape some liability for that.

 

[sydman110]

I hope so.

 

[sydman110]

Hi,

To my surprise I have received a letter from her lawyer that she is claiming about $19,000 as matrimonial debts borrowed from her brothers... They just sent 3 transactions about $8000 and that too dated November 2017 and January 2018, where as the separation date is July 2016.

Will the court accept those loans as matrimonial loans?

Thank you.

 

[SamanthaJay]

Is there proof of what the money was spent on?

In my situation, my lawyer got me to include my first 4 weeks rent and a mattress for me and a mattress and base for our son as my brother lent me the money for these things after the separation date. My brother transferred the money directly to me for the rent and purchased the beds from his own account but sent me the receipt with the delivery address. There was clear proof of reasonable items.

I expect that the Court would have accepted these but we settled a week before the Court date. My ex's lawyer advised him to accept them.