NSW Affidavit and other court paperwork

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familynfriends

Well-Known Member
15 April 2020
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How far out from the court date can affidavit, interim orders, a notice of risk, final orders etc be submitted to the court?
Would this affect the outcome at court that the paperwork has been left until the last minute?
 

Atticus

Well-Known Member
6 February 2019
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How far out from the court date can affidavit, interim orders, a notice of risk, final orders etc be submitted to the court?
Assuming you are talking about a response to your application.... Times in the rules vary depending on applications. Often a minimum of 2 to 7 days before the date set & in all other circumstances ' as soon as practicable'.

That said, the family law rules also include a rule that says the court can dispense with any or all rules if it wants ... 😳
Would this affect the outcome at court that the paperwork has been left until the last minute?
Unlikely .... I suspect in your case, the judge may figuratively knock your heads together & send you both to the naughty corner till you can come back with something workable.
 

sammy01

Well-Known Member
27 September 2015
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Have you offered consent orders?
Based on the other thread I'm guessing something like... Neither party shall relocate... Neither party speak about grown up stuff in the ear shot of kids and close to 50/50 shared care. After all dad just had the kids for a 2 month stint (sure the circumstances behind that are not good BUT it does show that he has the capacity to look after the kids).
I reckon the question to ask here is why 50/50 should not happen?
 

familynfriends

Well-Known Member
15 April 2020
47
2
124
they are too young and to unsettled for shared care at the moment especially since both twins have disclosed that the older one was very distressed while with dad and had started wetting the bed while there, these statements came out from both girls while playing I have not questioned them about anything as I know it will be looked down upon by the court and that at some point their will more than likely be a family report done,also we live about 35/40 mins apart to much travel if the girls are required to go back into kindergarten
 

sammy01

Well-Known Member
27 September 2015
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Ok, so firstly, I'm gonna sing your praises. Despite the terrible way you came to find this website and the crap you've been through. You seem pretty reasonable.

And yep I don't doubt the extended period away from you would have been stressful for the kids. BUT I still reckon you're better trying to get consent orders with some compromise than going through the whole court thing that could take a year or more...

35/40 minutes isn't a substantial distance. My commute to work is more than that....

do you know what dad is seeking? If he is being reasonable. A staggered approach over two years ending in 4-5 a fortnight is my version of reasonable.
Remind us. How old are the kids?
 
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familynfriends

Well-Known Member
15 April 2020
47
2
124
Ok, so firstly, I'm gonna sing your praises. Despite the terrible way you came to find this website and the crap you've been through. You seem pretty reasonable.

And yep I don't doubt the extended period away from you would have been stressful for the kids. BUT I still reckon you're better trying to get consent orders with some compromise than going through the whole court thing that could take a year or more...

35/40 minutes isn't a substantial distance. My commute to work is more than that....

do you know what dad is seeking? If he is being reasonable. A staggered approach over two years ending in 4-5 a fortnight is my version of reasonable.
Remind us. How old are the kids?
Thanks, sammy01 and they turned 5 on Friday
 

familynfriends

Well-Known Member
15 April 2020
47
2
124
Today was my day in court we negotiated prior to getting to the judge and there was no mention of school my ex tried for 50/50 to start with but, he got 3 days a fortnight and the judge has ordered a family report there were allegations of drug use so she has also ordered hair follicle testing which I expected and not worried about as I have not done any drugs. We go back in June