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Deanmartin01

Well-Known Member
9 December 2017
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I presume this is the other form that requires submitting!

If I have these two forms, my affidavit and evidence, cash and a lawyer then I should be ready to submit my case and wait for a hearing!

Think I’m on track here...

http://www.familycourt.gov.au/wps/w...-85759a11-30cb-4ebc-bf0d-a59ebcab1f22-lQgyXGE

Thought I should add, I don’t know the address where my son lives, I know the mother expressed her desire to move once the lease expires. But that was last year. I don’t have the contact information to include for my applications.

There is no one I can ask as the mum didn’t want anyone finding out about this.
 

sammy01

Well-Known Member
27 September 2015
4,758
688
2,894
You're not gonna get 50/50 care of an infant. No chance. You won't even get overnight care until the child is 2... You're gonna get 2-3 hours a week at a supervision centre to start with and eventually you could get a few nights a fortnight.
 

Deanmartin01

Well-Known Member
9 December 2017
16
0
76
Yes, it’s too confusing for the baby, I know that, I wouldn’t have considered anything more than a couple of hours every week or fortnight until the relationship is back again like before.

He will be two years old in a couple of months.
 

AllForHer

Well-Known Member
23 July 2014
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If you don't know where mum is, then you should seek a location order as part of your interim orders. A location order will compel government authorities to disclose to the Court the last known address of the mother so that she can be tracked down and served with your initiating application. Thereafter, you should seek an order as part of your interim and final parenting orders for both parents to keep each other informed of their respective contact details, including residential address.
 

Deanmartin01

Well-Known Member
9 December 2017
16
0
76
Wow, that’s a great idea. I didn’t know I can do that. I was wondering how on earth to contact the mum or provide the mail so she can get the paperwork which will allow her time to consider her options without rushing and upsetting her.

It’s getting a bit heavy with all the orders. I will try to find a lawyer that can help choose the correct forms and process them accordingly.

Thanks so much.

I think the best thing to do is finding the form codes, print out or save the PFDs and fill in each question accurately.

Draft up my affidavit then approach a lawyer. As this may save a lot of time. By having an affidavit drafted and the time spent by the lawyer reading it will be much better than sitting down and explaining the situation. That’s my understanding.

I just have a problem with the forms, as there are a few which are quite similar. But this information has been fantastic. Having some support on this forum has been uplifting.

Thanks a lot everyone.
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
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So, when we talk about 'orders', we're essentially talking about one set of orders - parenting orders. Everything you are seeking (time with the child, DNA testing, location orders, etc.) are parenting orders, and there's no separate forms for each one, it's all just included in a single minute of parenting orders sought, which is included in your Initiating Application.

For example, location orders, DNA testing and parenting orders might be included in your minutes of orders as follows:
  1. That a location order within the meaning of s 67J should issue requiring various State and Federal Government authorities to provide information regarding the residential address and contact information of Mother and Child;
  2. That a Commonwealth Information Order issue;
  3. That the information should be released to the Applicant for the purpose of effecting service of court process;
  4. That a declaration of parentage should be made in respect of Child, naming Applicant as the father, and that both parties do all things necessary to amend the child's birth certificate and identify the Applicant as the child's father;
  5. That the child live with the mother and spend time with the father as follows...
Your minute of parenting orders sought will be included in your Initiating Application form, available here: Initiating Application Kit (do it yourself kit) - Family Court of Australia
 

Deanmartin01

Well-Known Member
9 December 2017
16
0
76
Thank you so much, it’s becoming somewhat clearer now.

I should have my matter heard at Federal Circuit Court I presume, as I read that more complex matters would be transferred to the family law court if needed.

First I file the Initiating Application, either by dropping it in at a registry office or setting up an efile.

Within this application I attach/produce my orders:

1. Interim order
2. Location order s67J
3. Commonwealth information order s67N
4. Information should be released order
5. Declaration of parentage order
6. Final parenting order

Also attach the : Notice of Risk
Attach the Evidence: Emails, Photos, Peace of mind DNA result, NSW police event number etc.

In my affidavit would it be a correct method of adding the reasons of why I want these orders listed. For example when I discuss our relationship and length of relationship then the situation, after would I then conclude in my affidavit the reasons why these orders are requested. Or would this be self explanatory. As in section 60CC I can explain a lot, I feel as if my affidavit could be 100 pages long . Part A (b & c) ask to include, number and briefly describe why I want, so I’m just questioning if these should be added to affidavit?

What would happen if I lodged all these myself and there was a problem with it? Am I assigned a case manager or someone with whom I can add information or correct the information? Or if the mum wanted to settle outside of court!

Last lawyer charged $400 for 1 hour and gave me options of which I was not qualified and hadn’t researched the information. This time I want to be able to make formed decisions. I will likely try to do as much as possible to reduce time and costs for other things. Hate to use my baby’s money for this.

Sorry to type so much, and I understand if no one has the time to reply.