QLD Interim Hearing with No Affidavit from Mother?

[Jake Matherson]

Hey All,

I filed initiating application in June. Directions hearing held in July without the other party as I was attempting to proceed Ex-parte (failed). Orders made for me to serve the mother (happened the following day).

"The Mother filed and served a Response to the Initiating Application in respect of final and interim Parenting Orders sought and an Affidavit in respect of Interim Parenting orders sought within 28 days."

Therefore response was required from the mother at the start of August.

As of today still no paperwork filed with the court however the mother has retained the service of a lawyer as of this week.

Family report has been done. Appointment of an ICL has been done.

I anticipate walking into court this coming week for our first Interim Hearing and the Lawyer stalling for time. Perhaps suggesting that she will need more time to get all of the mothers paperwork together.

The mother Is unlikely to negotiate on parenting matters therefore it is a waste of my time trying.

If anyone has some suggestions as to how I might raise my objection to any stalling tactics to help this matter proceed more quickly through the courts that would be appreciated.

My current plan would be to raise that the mother had plenty of time to file her response and ignored an order by the court to do so. Then request trial directions are made.

Currently I have zero contact with the child. Hence not wanting any stalling tactics (15 weeks and counting). Interim and Final order have been requested by myself.

 

[Been2Trial]

Sounds exactly like the situation I was in. Same deal with the ex that just wouldn't and still won't communicate or negotiate or cooperate on anything.

It's a tough one because on one hand the judge could just press ahead, on the other, the judge might and probably will just accept the reasoning that she has just recently engaged legal representation and they require more time to prepare. Family court is anyone's guess, normal rules and expectations don't seem to apply.

Hopefully someone else can give you some actual advice on how to manage this and get an outcome that either sees the interim hearing happen as scheduled, or at least a temporary order in place that gets you time with your child until the rescheduled hearing.

Just a word of caution... don't get trapped in a position where status quo becomes the default.

Its catch 22... on one hand, you need to do whatever it takes to get time with your child ASAP, even if its minimal for a few more weeks/months... but on the other, it can also set the precedent that the registrar or judge will apply when the interim hearing happens eg. "Well it's been working well with 6 hours supervised each Sunday... let's just continue with that" (or minimally more).

Again, hopefully someone here can advise how to avoid that or manage it successfully. I had the best lawyers and barristers money could buy. So did my ex though. I spent nearly 700K (yes, 3/4 of a million dollars!) and still got screwed.

 

[Been2Trial]

Was there anything of concern in the family report? No drugs/family violence/safety concerns for the childeren? Is the ICL ready to go?

 

[Jake Matherson]

Thanks for the reply.

I will definitely be pushing that interim orders of some description are handed down granting me at least some time with the child although my requested interim and final orders do request that the child lives with me and spends time with her.
(An impossible goal I fear.)

Yes there are some very serious issues. All of which mentioned above, documented, Included in my affidavit / notice of risk, noted by family report writer etc. Well documented by me.

ICL has been rather quiet. They have issued subpoenas for medical and criminal history. But other than that no communication.

I stress the child safety concerns and the right for the child to have a meaningful relationship with both parents and extended family. But it would seem that currently there is more importance given to not upsetting the child's current routine living with the mother based on the family report recommendations of child to continue living with the mother and spend 25hrs a fortnight with the father(no overnight time) as an interim recommendation only.

I am fighting an uphill battle I realise that. My goal at this interim hearing is to avoid any stalling tactics and move this matter on as quickly as possible so that I'm not stuck with poor interim orders for the next year of my child's life.

 

[Been2Trial]

I think you're at least being realistic when you admit that you're fighting an uphill battle. That family report not including overnight time is a concern.

How old is the child? Sorry I can see you have significant post history, you have probably already mentioned this... but I am assuming quite young? Mate I would really really push for 3 overnights per week with the expectation that you will actually get most likely at least one per week on an interim basis (provided there is no evidence of drugs or abuse on your behalf, which I see you have previously stated there is not). You might be lucky and get two, but your fighting an uphill on that family report. But I personally still think you have a good chance.

 

[Been2Trial]

I understand you're going for living with you spend time with her and it's not a bad tactic from my experience... "everyone wins a prize and no one gets what they want" in family court.

So if you ask for 100% and the ex wants you to have 0% the courts award everyone a consolation prize, meeting in the middle.

 

[Been2Trial]

Sorry for the multiple postings cant edit previous ones...

With the above post in mind, just be sure to make it clear that even if the registrar or judge is not willing to consider transferring full custody to you, you would be seeking 3 nights with you and a couple of days including a weekend day each week provided the mother is under full time supervision and is required to live with her parents until further order is made.

That demonstrates that you stand by your concerns of risk that you have raised and that you are reasonable and willing to cooperate to resolve the matter as quickly as possible in best interests of child.

 

[Jake Matherson]

I appreciate the thoughtful responses and will take it on board whilst I prepare over the weekend. Child is 1.5 year old. Hopefully I can get all of this sorted before he remembers.

You touched on a key dilemma I have been thinking about. How can I not argue for 100% and still be able to ensure the child's safety? That is to say I couldn't ask for 100% but then go in and accept a 50% deal because that would be nullifying my argument that I have serious concerns for the long term safety of the child.

So your last post was quite helpful to give me an idea of how to best negotiate a safe compromise. Thanks.

 

[Rod]

You ask for costs if there is a delay.

 

[Jake Matherson]

You ask for costs if there is a delay.

Would I just be making an oral application on the day when it is evident that the matter is going to be delayed?

Or I would file some form of paperwork after the hearing once it has been delayed?