NSW Application for Interim/ Final orders in Family Court

[Jake Matherson]

Hey Newdad,

I'm just a bloke going through his own mess like you.

With the Initiating paperwork I requested:

1. Family report to be done.
2. An Independent children lawyer be appointed for my child

You clearly are capable of a bit of research so you might want to look into these options.

My Ex was withholding our young son. Now there are some serious DV problems with my case but never towards the child.

What is written in the family report is extremely important as whatever they recommend is likely what the Judge will go with in the interim.
So if you absoloutley smash the Family Report they will write something like Father is to spend 25 hours a fortnight with the child between the hours of 10am - 3pm and that is what the judge will give you in the interim.

Why wont they give you more time straight away?
Well because the child's young age and the child is in a current routine(second most important word after child safety) and without the threat of immediate harm to the child they wont uproot the child and give him to you more right away.

So you do the family report, get some interim orders and then the ICL will do their research.
They will issue subpoenas for medical and criminal history of you both. They will get all of the police reports, hospital reports and child safety reports. (you will get to see them also as you're self repping)
They don't care about mum or dad they only care about the child.

Work with them professionally do everything they ask and they will do 80% of the talking in court.
If they like you because you're being genuine and mum is being a twit not wanting to co-parent it is likely they will bat in your corner and push for a better deal for you when they can.

As a gesture of good will perhaps offer to do a parenting course such as Parenting Orders Program offered by Uniting care or Relationships Australia (wait time to long).
It's about how to communicate with your Ex despite being separated with a child together. The ICL would be likely to ask for orders for you both to do it anyway.
It's a free 6 week course and will make you look like a good dad that's trying to do the right thing.
They also might ask you to do an anger management course due to all of the yelling etc. Your call on that one.

But without genuine safety concerns for the child be prepared for a loooooong wait.
It will be periods of 4-8 weeks between dates for things you need to do and court appearances. Stay calm, stay focused and don't do anything stupid.

 

[Newdad]

Hey Newdad,

I'm just a bloke going through his own mess like you.

With the Initiating paperwork I requested:

1. Family report to be done.
2. An Independent children lawyer be appointed for my child

You clearly are capable of a bit of research so you might want to look into these options.

My Ex was withholding our young son. Now there are some serious DV problems with my case but never towards the child.

What is written in the family report is extremely important as whatever they recommend is likely what the Judge will go with in the interim.
So if you absoloutley smash the Family Report they will write something like Father is to spend 25 hours a fortnight with the child between the hours of 10am - 3pm and that is what the judge will give you in the interim.

Why wont they give you more time straight away?
Well because the child's young age and the child is in a current routine(second most important word after child safety) and without the threat of immediate harm to the child they wont uproot the child and give him to you more right away.

So you do the family report, get some interim orders and then the ICL will do their research.
They will issue subpoenas for medical and criminal history of you both. They will get all of the police reports, hospital reports and child safety reports. (you will get to see them also as you're self repping)
They don't care about mum or dad they only care about the child.

Work with them professionally do everything they ask and they will do 80% of the talking in court.
If they like you because you're being genuine and mum is being a twit not wanting to co-parent it is likely they will bat in your corner and push for a better deal for you when they can.

As a gesture of good will perhaps offer to do a parenting course such as Parenting Orders Program offered by Uniting care or Relationships Australia (wait time to long).
It's about how to communicate with your Ex despite being separated with a child together. The ICL would be likely to ask for orders for you both to do it anyway.
It's a free 6 week course and will make you look like a good dad that's trying to do the right thing.
They also might ask you to do an anger management course due to all of the yelling etc. Your call on that one.

But without genuine safety concerns for the child be prepared for a loooooong wait.
It will be periods of 4-8 weeks between dates for things you need to do and court appearances. Stay calm, stay focused and don't do anything stupid.

Thanks Jake
Were you asked to pay for the ICL?
I will be asking for ICL and family report and have signed up for a parenting course but it doesnt start till may. I'll look into if I can get into any sooner

 

[Jake Matherson]

Both parties are required to pay half of the bill for the ICL and family report's etc.

Due to the apparent need for both of those things to be done in my case and the fact that the mother has no money. (not my doing)

I was successful with my request in my initiating paperwork:
That the child XXXXX bornXXXXXXX be represented in these proceedings and it is requested that Legal Aid Queensland arrange such representation.

The ICL then requested a family report to be done at our first hearing.
The ICL requested that the report be funded by Legal Aid on account of the mother being broke.

If you don't get granted funding this route will be a costly exercise for you.
Family reports are like $1500 for each party or something stupid.
If you're ordered to do a Psyc assessment for whatever reason you're looking at another $1500 each party.

But as I said. Mum is broke and these things needed to be done in my case so government picked up the bill.

I feel better about those few speeding fines I have had to pay over the years. Getting some back now.

I remember reading that your ex will be represented. If you can afford a lawyer then you can afford to pay for these reports.
You might not be able to however.
Legal aid will audit your bank accounts and make a decision of how much percentage they will pay.

 

[Newdad]

Than

Both parties are required to pay half of the bill for the ICL and family report's etc.

Due to the apparent need for both of those things to be done in my case and the fact that the mother has no money. (not my doing)

I was successful with my request in my initiating paperwork:
That the child XXXXX bornXXXXXXX be represented in these proceedings and it is requested that Legal Aid Queensland arrange such representation.

The ICL then requested a family report to be done at our first hearing.
The ICL requested that the report be funded by Legal Aid on account of the mother being broke.

If you don't get granted funding this route will be a costly exercise for you.
Family reports are like $1500 for each party or something stupid.
If you're ordered to do a Psyc assessment for whatever reason you're looking at another $1500 each party.

But as I said. Mum is broke and these things needed to be done in my case so government picked up the bill.

I feel better about those few speeding fines I have had to pay over the years. Getting some back now.

I remember reading that your ex will be represented. If you can afford a lawyer then you can afford to pay for these reports.
You might not be able to however.
Legal aid will audit your bank accounts and make a decision of how much percentage they will pay.

Thanks again Jake ,
I believe we will end up with ICL and family report either way because of mothers allegations and myself being self represented. I also believe she'll ask for a psych report but hopefully I can request Sge pay that since there's no reason for it to be asked of me. Hoping they won't sting me too much for ICL as I do have a lot of outgoings after buying a villa at start of year and if I had anything to spare I'd get a lawyer myself but I'm a teacher so do have income of around $75000 before tax. Problem with her having enough money for lawyer etc is that she has a reported income of around $50000 and does alot if tax free work earning considerably more than I do weekly. Her spending habits and mortgage etc show the real picture though.