VIC Help with Initiating Application - Interim and Final

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
So we are now at the point of getting our paperwork ready to file at court.

I am having no luck at all searching the internet for examples of an application that will guide on the format and wording that would be appropriate. We have started writing them out but now aren't sure.
Anywhere I can look for specific examples? Or any advice would be much appreciated.

For example, as we are listing each point 1. 2. 3. etc
Is it 1. The father to spend time with the child that allows for growth in time
2. The father will spend the first weekend with the child accompanied by the mother from a to b.
3. The father will spend time with the child from a to b for the next 4 weeks following this on a saturday
4. The father will spend time with the child from a to c for the next 4 weeks following this on a saturday and from a to b after school on x weekday.

Or do we include all of the above under one point.

Will it be separate points (number) for each issue? for example then going on to
5. When time spent does not commence after school, exchange will occur at abc.

Separate point for special days? eg birthdays, christmas etc

Do we place a definitive location for time spent, such as at the Park or just leave it open, or put something like "failing this" at a location as agreed?

My partner will be self representing so we really want to make sure we're not making any mistakes.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Hey,

Self rep here not a lawyer.

Everything in my affidavits or initiating application document goes under a heading a number or a letter.

For example i might go like this for your situation.

Heading
number
Letters

Fathers Time Spent With The Child

1. The father to spend time with the child that allows for growth in time as follows:
a. The father will spend the first weekend with the child accompanied by the mother from a to b.
b. The father will spend time with the child from a to b for the next 4 weeks following this on a saturday
c. The father will spend time with the child from a to c for the next 4 weeks following this on a saturday and from a to b after school on x weekday.​



Separate points for special days seems logical to me.

2. Fathers day time spent will be etc......
3. Mothers day .....

Definitive locations would be Ideal but it will end up being a pain in the butt.
If there are no safety concerns for you or the child I would just leave it as just naming it as time spent with the child and parent so that you're free to be where you please and do what you like.
If there are real safety concerns then I would do as you have suggested and name a place with your "failing this" comment as inevitably plans will change or a supervisor wont be available etc.

If your paperwork is neat and tidy and laid out in a fashion that is not pure garbage you should have any problems.

My Ex's lawyer filed paperwork that was clearly written by a slow third grader. Don't stress.

Regards,
Jake.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Just a guide;

SPECIAL OCCASIONS:

(17) That the child spend time with the Father on special occasions as agreed between
the parties, failing agreement, as follows;
(18) From 3:00pm 24th December until 3:00pm 25th December in even years & from
3:00pm 25th December until 3:00pm 26th December in odd years.
(19) From 3:00pm Thursday proceeding Good Friday until 6:00pm Easter Saturday in
even years & from 6:00pm Easter Saturday until 6:00pm Easter Monday in odd years.
(20) On weekends that comprise Fathers Day from 2:00pm Friday until 6:00pm Sunday.
(21) From 3:00pm the day proceeding the Childs birthday, until 3:00pm on the Childs birthday in odd years & from 3:00pm on the Childs birthday, until 3:00pm the day after the Childs birthday in even years.
(22) On the Fathers birthday, from 8:00am to 6:00pm
(23) On Halloween, from 2:00pm to 7.30pm
(24) From 3.00 pm on 31st December in odd years for 24 hours, until 3.00 pm on 1st January.
(25) That the child spend time with the Mother on special occasions as agreed between
the parties, failing agreement, as follows;
(26) On weekends that comprise Mothers Day from 2:00pm Friday until 6.00pm Sunday.
(27) On the Mothers birthday, from 8:00am to 6:00pm.
 

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
Hey,

Self rep here not a lawyer.

Everything in my affidavits or initiating application document goes under a heading a number or a letter.

For example i might go like this for your situation.

Heading
number
Letters

Fathers Time Spent With The Child

1. The father to spend time with the child that allows for growth in time as follows:
a. The father will spend the first weekend with the child accompanied by the mother from a to b.
b. The father will spend time with the child from a to b for the next 4 weeks following this on a saturday
c. The father will spend time with the child from a to c for the next 4 weeks following this on a saturday and from a to b after school on x weekday.​



Separate points for special days seems logical to me.

2. Fathers day time spent will be etc......
3. Mothers day .....

Definitive locations would be Ideal but it will end up being a pain in the butt.
If there are no safety concerns for you or the child I would just leave it as just naming it as time spent with the child and parent so that you're free to be where you please and do what you like.
If there are real safety concerns then I would do as you have suggested and name a place with your "failing this" comment as inevitably plans will change or a supervisor wont be available etc.

If your paperwork is neat and tidy and laid out in a fashion that is not pure garbage you should have any problems.

My Ex's lawyer filed paperwork that was clearly written by a slow third grader. Don't stress.

Regards,
Jake.
Thanks Jake, that format is really easy to work with.
Your last line gave us a good chuckle.
 

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
Just a guide;

SPECIAL OCCASIONS:

(17) That the child spend time with the Father on special occasions as agreed between
the parties, failing agreement, as follows;
(18) From 3:00pm 24th December until 3:00pm 25th December in even years & from
3:00pm 25th December until 3:00pm 26th December in odd years.
(19) From 3:00pm Thursday proceeding Good Friday until 6:00pm Easter Saturday in
even years & from 6:00pm Easter Saturday until 6:00pm Easter Monday in odd years.
(20) On weekends that comprise Fathers Day from 2:00pm Friday until 6:00pm Sunday.
(21) From 3:00pm the day proceeding the Childs birthday, until 3:00pm on the Childs birthday in odd years & from 3:00pm on the Childs birthday, until 3:00pm the day after the Childs birthday in even years.
(22) On the Fathers birthday, from 8:00am to 6:00pm
(23) On Halloween, from 2:00pm to 7.30pm
(24) From 3.00 pm on 31st December in odd years for 24 hours, until 3.00 pm on 1st January.
(25) That the child spend time with the Mother on special occasions as agreed between
the parties, failing agreement, as follows;
(26) On weekends that comprise Mothers Day from 2:00pm Friday until 6.00pm Sunday.
(27) On the Mothers birthday, from 8:00am to 6:00pm.
Thanks Migz, good advice as always. We will use what you have provided as a guide.
 

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
read a few cases. Doesn't matter if they're simmilar too your's it will just give you a hint of what court orders look like and what stuff to include and how to included it
AustLII: 8,103 documents found for (family law)
Sammy thank you, this is very helpful to read through. Getting a really good idea of what is included now..
Reading through the orders and reasons for decision, I'm not feeling so optimistic now. I was surprised at the amount of no contact orders with parents, mostly fathers. Not sure if what we are asking is reasonable.
Think I'll post again for more opinions on this
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Every circumstance is different.

The attitude of fathers can be their biggest problem. The second biggest determinate is the attitude of judges. Some are better than others. Next will be family consultants, followed by ICLs if any are appointed. If a mother is determined to limit contact and will stop at nothing to achieve this result, then it will be hard work to get contact, not impossible, but hard. The flip side is if she overplays her hand she may lose custody altogether.

If you can keep 3rd parties out then the greater control you have over proceedings.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
You're pretty much asking about writing "statements", or at least, seeking info about formatting and content (what and how much detail to include).

Google "how to write a statement for court" (without the quotes).

Go through the results and read up on it. (The first result from LawAccess NSW is a good starting point.)

If you are self representing, then you really need to get into the practice of finding this kind of basic info for yourself. It not only helps you to prepare, but it helps you to understand what the other side is doing as well.

So do the search, read up, and come back if you still have questions. That's the best way to learn.