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QLD Awaiting Legal Representation - Can Family Law Matter Proceed?

Discussion in 'Family Law Forum' started by Kidspriorityalways, 17 November 2015.

  1. Kidspriorityalways

    Kidspriorityalways Well-Known Member

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    Hi, I have advised my ex's lawyer in writing that I am awaiting the result of a legal aid application prior to responding to their correspondence re child consent orders. Despite advising I would not hear before the 27th November and would respond by the 4th December, their lawyer has sent me further correspondence today advising that they are commencing proceedings in the Federal Circuit Court of Australia re parenting and property settlement and have meanwhile now "instructed" when I will be able to see/have my children in my care which is significantly different (less) to what the current arrangements are.
    What are my rights under family law here in terms of proceeding even though I have advised re my legal representation and can they instruct that changes to existing arrangements will occur prior to the matter even going to court?

    Thanks in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Yes, they can proceed regardless of whether you have representation, and while there are no existing orders in place, either party can unilaterally change care arrangements. Was there a parenting plan in place beforehand, or any sort of agreement in writing?
     
  3. AllForHer

    AllForHer Well-Known Member

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    Sorry, that wasn't very clear - they can proceed, but they must serve you with the application before the court will hear it. You can request an adjournment at first mention, if you wish, while you await a decision from Legal Aid, but if you have not yet been served with the application, it's probably not going to be allocated a mention date until January/February, which should grant plenty of time to speak with Legal Aid and file a response.
     
  4. Kidspriorityalways

    Kidspriorityalways Well-Known Member

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    Thanks for your replies. We have agreements in place but not court ordered ones. Do I have to agree with what they are instructing or can I insist that existing arrangements remain in place? Can they just make the care arrangement changes and I don't have a leg to stand on?
    Thanks
     
  5. Kidspriorityalways

    Kidspriorityalways Well-Known Member

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    Also, is it usual for the Qld courts to make an order that the existing care arrangements that have now been in place for over 12 months remain in place pending final court orders?

    Thanks
     
  6. AllForHer

    AllForHer Well-Known Member

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    You can certainly insist that the prior care arrangements continue while proceedings are under way, and I would suggest doing so. They don't have to comply, but it will not aid their case if they refuse to oblige the former agreement and disrupt the child's care routine.

    Yes, it is quite common for the court (which is a federal court, not state-based, though I've always found the Queensland-based federal court judges to be very fair and reasonable) to impose prior agreement as interim orders while proceedings are under way. It would be prudent to request the existing care arrangements as interim orders in your response to their application.
     
  7. Kidspriorityalways

    Kidspriorityalways Well-Known Member

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    Thanks AllForHer - appreciate your responses.
     

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