Ex non-compliant with Orders by Consent

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AndyJ

Active Member
28 August 2020
5
0
31
In early August at our interim hearing, the ex, the ICL and I agreed to Orders by Consent for each party to pay money to a trust account by mid September to engage a Chapter 15 expert. I paid the money, now the ex is claiming she does not have the money and is requesting 6 months to pay in instalments. The issue is the ICL can not engage the psychiatrist until money is paid. The ICL suggested an amendment to the Consent Orders whereby I pay and that the ex pays me in installments over six months. I agreed to this as it would not delay this any longer, however the ex did not agree as she did not want to be indebted to me. The child is 3 years old. I have limited time with my child which finally came through after the interim hearing. I am now self representing as this whole thing is dragging on and costing way too much money, while the ex has just dumped her fifth lawyer and is now self representing. The ICL has just requested the court for the matter to be re-listed. I am not sure how long it will take before it is relisted but what can I expect at the next hearing and is there anything I should request or do I just go along and see what the ICL says?
 

sammy01

Well-Known Member
27 September 2015
4,335
631
2,894
I'd go along with the ICL.
I'd also suggest you be patient. Maybe the ex is doing you a favour.
See no matter how nasty / stupid / rude the ex is... The kid is only 3. That is gonna limit the amount of time you get. Think long term. If this drags out for another year and the child is 4 possibly nearly 5 then you're in a better position to aim for more than just the alternate weekend BS.

Just outa interest how much is the cpt witness gonna cost you?
 

AndyJ

Active Member
28 August 2020
5
0
31
I'd go along with the ICL.
I'd also suggest you be patient. Maybe the ex is doing you a favour.
See no matter how nasty / stupid / rude the ex is... The kid is only 3. That is gonna limit the amount of time you get. Think long term. If this drags out for another year and the child is 4 possibly nearly 5 then you're in a better position to aim for more than just the alternate weekend BS.

Just outa interest how much is the cpt witness gonna cost you?
$6600 each.

I thought as much to just sit back. I can only do things that are in my control or influence.
 

teflongirl

Well-Known Member
29 January 2016
39
1
124
Follow the ICL lead. In WA Legal Aid will pay and then you have to pay them , they take a lien out on any property and you can pay back whenever. May I ask why you are asking for a Chapter 15 expert? I'd take a look around bc they rarely change much in fact they just offer options up at the end. For myself none of them were satisfactory and of course they left the child with the mother and it was hopeless.
 

AndyJ

Active Member
28 August 2020
5
0
31
The mothers behaviour can only be explained by a mental illness. My former lawyer and her lawyer prior to the last decided it was a good approach and equally the ICL. I won’t go into details on her claims against me but when you start claiming I am communicating to her through speakers in the house and other assertions which the police have taken no action on hopefully if there is an issue the psychiatrist will be able to pick it up. She only agreed as she believes I have a mental illness. She has gone through 5 lawyers to date and blown over $100k and we only have interim orders.