NSW DV Access to Children Letter

Discussion in 'Family Law Forum' started by jaxemjay, 14 June 2019.

Tags:
  1. jaxemjay

    jaxemjay Active Member

    Joined:
    11 June 2019
    Messages:
    8
    Likes Received:
    0
    I have received lawyers letter and saying I have 14days to reply or they will go to litigation.
    Can I write my own response? (I am waiting to see if approved for legal aid)

    Due to the seriousness of the charges, crimes committed in the presence of the children and the ADVO order the police have put in place with the children named it is not in the children’s best interest to see the father.

    There will never be reconciliation of marriage.

    There has never been any set routine with the Grandparents. The Grandparents encouraged cover up of breaches to the ADVO applied by police. It is not in the children’s best interest.

    You may send a list through of the personal belongings that are required by your client in order to get them organised for pick up on a day and time suitable.
    I also refer to the mothers dog that was taken for a two week period by the children’s grandfather and has not been returned. The children are missing the dog terribly as the Grandfather said to them he would return the dog. Please arrange for the dog to be dropped off in the backyard on this day. The dog requires the mother to cut his fur every 3-4weeks and requires ongoing weekly fur maintenance.
     
  2. Atticus

    Atticus Well-Known Member

    Joined:
    6 February 2019
    Messages:
    231
    Likes Received:
    46
    So as they are talking about proceedings to do with children's matters, there is normally a mandatory requirement to undergo mediation as a pre requisite to filing for court orders... Have you attended mediation? been invited to attend?

    Yes you can respond yourself, but if you do so, keep it very basic.. Something like.. You are already in the process of getting legal advice/representation and are waiting for a response. You will communicate further regarding the letter when you have had the opportunity to get legal advice...

    The letter only asks that you respond within 14 days after all, not that you agree to it's contents..
     
    jaxemjay and Alert like this.
  3. jaxemjay

    jaxemjay Active Member

    Joined:
    11 June 2019
    Messages:
    8
    Likes Received:
    0
    Thank you for the advice. I will take it on.
     
  4. jaxemjay

    jaxemjay Active Member

    Joined:
    11 June 2019
    Messages:
    8
    Likes Received:
    0
    There has been no mediation. Advo on the mother and children serious charges for the father. The grandparents are pushing access.
     
  5. Atticus

    Atticus Well-Known Member

    Joined:
    6 February 2019
    Messages:
    231
    Likes Received:
    46
    If the charges are indeed serious, then the mother may seek and or already have been granted dispensation from filing a S60I mediation certificate..

    Reading between the lines, perhaps the grandparents have been allowing you access to the kids with a flagrant disregard to the conditions of the ADVO. I guess the grandparents could offer an undertaking to uphold the terms of the ADVO and forbid you access if that is what's happening. Don't know how successful that would be, but returning the mothers dog may be a useful gesture of goodwill in any case..

    I suspect you may be granted legal aid for the criminal charges if they are serious enough. Advice concerning children and family law matters wouldn't be unreasonable to expect since the two jurisdictions overlap in this case.... In any event, hopefully you will be granted legal aid and will be in a better position to respond more fully to the letter. So probably best to keep your response brief initially..
     
    jaxemjay likes this.
  6. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,419
    Likes Received:
    495
    I'm sorry, I'm struggling to keep up.
    Are you the mother?
    Kids are with you and you're refusing access to dad and the paternal grandparents?
     
Loading...

Share This Page

Loading...
gt;