QLD Application in a Proceeding

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Complex3

Well-Known Member
14 August 2021
20
0
121
Hi,

OP and I are in the midst of court proceedings with court mediation ordered at a date to be fixed. I contacted OP in September to discuss moving children’s school, family report supports this under her recommendations. OP won’t engage, at hearing OP lawyer asked for an injunction restraining me from doing so but was not granted as they had not applied. Registrar advised me I needed to make genuine steps and approach OP lawyer before I could put an application in a case in. I sent a proposal to OP lawyer with 7 days to respond.

If I need to proceed with an application in a proceeding under FCCFCOA is there a step by step guide to do this? I understand I need a supporting affidavit, how long do these take to get heard? I am SRL and confused. 5 weeks left of school term, I have places secured for children at new school should we be able to agree (not looking to do it without permission but cannot get OP to budge). It’s a time pressured issue - any guidance or help I can get to get this through would be appreciated.
 

Complex3

Well-Known Member
14 August 2021
20
0
121
Hi CSFLW,

The only orders made are interim which are that the children live with me and spend time with OP as agreed. We had a prior parenting plan which we have been adhering to.

What are the steps to get schools decided on? A final trial could be 6+ months and the eldest daughter is struggling and going in to senior years so need her moved ASAP (even if not the youngest yet).
 

Complex3

Well-Known Member
14 August 2021
20
0
121
It involves a relocation of residence & school, so OP refuses to provide permission and his requested orders are that if I do so the children live with him and spend time with me. I would be reluctant to do so before receiving approval from court/OP so as to be ordered back under “unilaterally” deciding. The presumption is equal PR No?

Is the best way to get it heard in the interim to do an app in a case/proceeding?
 

Complex3

Well-Known Member
14 August 2021
20
0
121
Sorry I should have been more clear. 80km, it is in the same suburb as OPs work.

Presently I live 30km away from school, kids are with me 10 days p/f, FRW suggests that stays the same or reduces based on behaviour of OP. Suggests they should move in eldest child’s interest but also due to my travel time (3 hours p/day).
 

Complex3

Well-Known Member
14 August 2021
20
0
121
Hi CSFLW,

I can’t see any details in your sign off, could you guide me how to contact you?

OP lawyer did not respond at all, so I am now even more confused about how to get it resolved. OP has a habit of dragging things out - he’s not engaged in 2 months over the topic aside from addressing it in family report which was unclear in itself.. ie. im ok with “x” school but not ok with “y” school but then that he doesn’t agree to any school change. I am completely lost!