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QLD Family Court - Final Orders Taking a Long Time - What to Do?

Discussion in 'Family Law Forum' started by ourlawisnotfair, 21 December 2015.

  1. ourlawisnotfair

    ourlawisnotfair Well-Known Member

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    In late Jan 2015, I went through a 5 day trial for parenting and property settlement case. The result was that some interim orders for the children arrangements were handed down on the last day of trial by the judge ( family court), and the judge said he'd be back in regards to his final orders in the near future.

    The interim orders were very basic, and now it's coming up to a year since the trial and still nothing from the family court. I have missed so many special occasions of my children's life and growing moments. This will be both the children's and my first Christmas without seeing one another at all.

    The children are frustrated and upset just as much as me and I wonder how much more this unnecessary limbo mode must go on for? I have contacted the registry and asked what's going on. I am told: "no date set yet, listed as dare to be decided, and I can't say when Justice ••••••••• will have made his decision, all you can do is keep checking back with us every few days".

    I am respondent and have no legal representation.

    The ex is the applicant and has a team of qualified high paid, not legal aid representation.

    Does anybody know what is my next step, so that I can:

    1. Have the interim orders made into more precise terms? i.e. birthdays, Christmas, school events, etc shared between both parents?
    2. Know an approx time frame the judge will have final orders for children arrangements?
    3. Property settlement orders so far are not even mentioned in interim but did form part of the case and judge did draw attention saying he'd be looking at in final orders. Why am I still struggling and not able to afford lawyers due to his wastage of the pool?
    4. Can I request via application in a case to have current interim orders changed?
    5. How do j go about showing the presiding judge that he has made a mistake in his interim orders because of no other reason than lack of my representation to get my side across?
    6. I am being shut out of my kids life. How do I show the judge the parent alienation and the clear examples of the ex not being capable of co-parenting?
    7. How do I have the use of a contact Centre changed given it is and was always a waste of resources and put in place simply because the ex had money and lawyers to dictate?

    Any direction for what I can do to have the children spend time with both parents on a 50/50 basis would be very much appreciated.

    We now live within 10 minutes drive of each other. In the previous years, we lived 1 hour away but since the trial, I have moved closer to children but still no extra time is being offered by the ex.

    Thank you in advance.
     
  2. sammy01

    sammy01 Well-Known Member

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    Can you give some details about what is in interim orders?

    My thought would be to write to the expensive solicitor the ex is using. In that letter outline a proposal to settle as this has dragged on. No doubt the ex would like to see it settled too. While you're there, you can mention changing parenting arrangements due to change in circumstance.

    How old are the kids?
     
  3. ourlawisnotfair

    ourlawisnotfair Well-Known Member

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    Hi and thanks for your quick response Sammy01.

    Three boys under 8.

    I have written to his lawyer several times to which the reply is always words to the effect of "our clients instructs he is not willing to go outside the guidelines made by the honorable justice •••••••. His honor made his orders after hearing all the facts in a lengthy 5 day hearing and our client wishes to follow the directions of justice ••••••• to every degree, our client instructs that any further correspondence is to be sent to him directly and he will forward anything he feels necessary onto our firm".

    My ex is enjoying the power he feels with the court proceedings. He is ignoring every reasonable request for me to spend time or even just communicate on the phone with them.

    I guess what I really need to know is:

    Is there a procedure within the court to submit new evidence of the blatant alienating of me to the children that he displays?

    Can I submit an affidavit or similar document at this stage in the proceeding? Or am I stuck just to keep waiting until our over swamped courts catch?
     
  4. sammy01

    sammy01 Well-Known Member

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    ok, so what is in the interim orders as far as access??? Is he complying with the interim orders?

    I reckon you should forget the alienating. Yep I'm sure it is true, but do you really want another trial?

    As far as the delays, yep I'd be asking the court registrar about the procedure for lodging an appeal to expedite matters. Forget getting new orders, just work on hurrying up the process to get the final orders sorted...
     
  5. AllForHer

    AllForHer Well-Known Member

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    Wait, what? You've been waiting nearly 12 months since the trial for final orders to be decided?

    Perhaps your lawyer needs to contact the Judge's associate.
     
  6. Anubis

    Anubis Well-Known Member

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    Is there any reason why you don't have a legal rep?

    You really should.

    There is not enough detail in what you say. One of the bad things about being self-represented is that you don't always know what to ask for and it can work against you.
     
  7. ourlawisnotfair

    ourlawisnotfair Well-Known Member

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    Hi Anubis,

    Yes, it did and has worked against me. I have an ICL allocated for my children that is very good friends with my ex's solicitor and for no other reason than plain and simple dirty and unprofessional actions, the ICL has explained false and misleading info to Legal Aid which has twice cut my funding. This is all months before trial, after that there were no further avenues allowed for me to apply and I was left on that daunting stand playing lawyer for my trial and I simply didn't cut it!! Still, I tried my best and still keep trying although the state of depression is now weighing on me so much it's becoming difficult to just get out of bed.

    My kids are young and my ex plays dirty in the most clever of ways.
     
  8. ourlawisnotfair

    ourlawisnotfair Well-Known Member

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    Hi AllForHer,

    Thanks for your comment. I've read a lot of your posts and I think you make a lot of sense. You're also quite firm and think that is just what chat rooms of this nature need. Firm but very fair in your suggestions!

    So what should I do, as in, what is the court protocol at this point in the whole scenario? Can I submit an affidavit to update the court on matters, given my file is active and of open status?

    I have contacted the courts and been told check back as no orders have yet been set by the judge.

    Could I email the associates myself?

    I have been hectic in saving cash since the devastating trial and have about $3k saved to have a lawyer rep should I be before the court judge again, however, I can't use that on applications and affidavits because as you know there will be nothing left for an appearance if necessary.

    Any sound help would be so appreciated.
     

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