QLD Applicant has filed discontinuance

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nic3113

Active Member
21 February 2017
14
0
31
Hi there, After only the mention the applicant has filed a discontinuance. We were ordered to have a family report. His papers was full of lies and foul accusations about my mental state ( none of it true) and false claims of alienating the children from him. This was very upsetting at the time and I sought good legal advice of which cost me a lot of money. I had a very good case against him and neither of the children have a healthy relationship with him at this time. My question is...should I still go through the steps of the family report and what happens if I do. In my orders i ask for full parental responsibility of both the children and I am keen on having this moving forward. He is very difficult to deal with and he is planning to travel in a caravan as soon as he can. The kids are 16 and 13 and are old enough to know what they want, I am very open and agreeable if either wishes to have a better relationship with their father in the future.
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
207
17
659
Are you in the federal circuit court?
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
207
17
659
If the other party has filed a notice of discontinuance, are they seeking to amend the orders they seek in their original application or all the orders?
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
207
17
659
So long as you have been properly served (which I assume you have) and without seeing the notice or other orders made by the court so long as you are the respondent and do not seek costs the matter should be finalised.
 

nic3113

Active Member
21 February 2017
14
0
31
I have not been served. It was only uploaded to the courts portal, that was 2 weeks ago. There are other orders from the judge...that we attend the family report, this is set for the 28th of July. And we have a mention scheduled for end of September.
I would still like to go ahead with the family report and have my orders ruled on. Is this possible?
 

Atticus

Well-Known Member
6 February 2019
1,178
189
2,394
I have not been served .....I would still like to go ahead with the family report and have my orders ruled on. Is this possible?
You should be served.... You have 28 days after the date of filing to seek costs (that the discontinuing party pay all or part of your legal costs) That may involve an application in a case, see a lawyer for opinion & advice ASAP if you want to file for costs

A NOD doe's not prevent you from continuing with your case