NSW Change of order

[Joe Black]

Hi,
I am in the process of lodging an initiating application to change the current consent orders that were agreed 2 years ago.
I believe my circumstances have significantly changed and the previous orders did not cover schooling of the children.
I am self representation.
My question is with the final orders sought, do I have to attach a copy of my proposed draft orders that I am seeking or do I just say I am seeking parenting orders and let the court decide the content?
The other party is refusing to communicate or attend FDR and I have the S60i.
Thanks

 

[Atticus]

I am in the process of lodging an initiating application to change the current consent orders that were agreed 2 years ago.
I believe my circumstances have significantly changed and the previous orders did not cover schooling of the children.

Did you have a lawyer do your consent orders & sign the statement of independent legal advice?
The change of circumstances may need to satisfy the 'Rice & Asplund' thresholds for your application to be accepted.

My question is with the final orders sought, do I have to attach a copy of my proposed draft orders that I am seeking or do I just say I am seeking parenting orders and let the court decide the content?

You will need to set out your 'orders sought' .... You may also need to include a fairly detailed affidavit setting out the significant change in circumstances that you claim warrants the setting aside of the current order.

 

[Joe Black]

Hi, Atticus,
5hanks for your reply.

Yes have already drafted the detailed affidavit that include the change of circumstance. I hope it meets the R v A threshold.

Yes I received independent legal advice and signed saying so.

I am still a bit confused, I have drafted the orders sought based on the content of the affidavit. With a simple yes or no, do I include the draft order with the initiating application?

Secondly, do I include the draft order in the documents that need to be served to the respond ant?

Thanks for help, its appreciated.

 

[Atticus]

I have drafted the orders sought based on the content of the affidavit. With a simple yes or no, do I include the draft order with the initiating application?

Basically, if there is not enough room for orders sought on the app form, then you can attach a separate sheet... If that's what you mean by draft order, then yes, & the respondent should get a copy.

The orders sought should be as brief as possible, it doesn't need to contain the kind of detail that is involved in an actual order, so if your draft is that detailed then no probably not necessary..

Also have a read of this practice direction if you haven't already... May be useful >>> Family Law Practice Direction – Parenting proceedings | Federal Circuit and Family Court of Australia

Only other thing ... you may want to get some professional legal advice (look over your application) before filing... There are a lot of rules & procedures in place regarding applications that you have to get right, especially as you already have orders that you are seeking to have set aside or varied .... Would be money well spent.

 

[Joe Black]

Absolutely and thank you for your help.