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WA Family Court - How to Get Family Members to Join Application?

Discussion in 'Family Law Forum' started by teflongirl, 7 May 2016.

  1. teflongirl

    teflongirl Well-Known Member

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    In Western Australia, I have orders before the family court for parenting orders in a holding pattern at the moment whilst the court expert fossicks through subpoenaed records. How do I get other family members to now join this application?

    Interested in people's thoughts.
     
  2. AllForHer

    AllForHer Well-Known Member

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    What's the purpose of the respondent party? Are they seeking parenting orders of their own?
     
  3. teflongirl

    teflongirl Well-Known Member

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    I am the applicant and have in-law family members wanting access as well
     
  4. AllForHer

    AllForHer Well-Known Member

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    My opinion is don't. They won't get it, and if I'm frank, I think you're only considering this tactic to try and intimidate the other parent and get more taken away from them, rather than get more time granted to you. Regardless of your personal reasons for entertaining this avenue, I will provide legal reasons why you shouldn't waste your time.

    First, how many orders do you think a child should be subject to before it stops being in their best interests? Two? Three? Five? Every first weekend with dad, every second weekend with mum, every third weekend with Aunty Maisy, every fourth weekend with grandma?

    That is absolutely ridiculous, and no court in Australia will even consider making such a convoluted mess into orders. If your family wants to spend time with the child, your tactic should be to seek as much time with the child as possible so you can facilitate the child spending time with them during the child's time with you.

    Second, the level of proof required to show that they should have orders for the child to spend time with them is significantly higher than it is for you and the other parent. It's not just the child's best interests. They also have to show they're a person concerned with the child's care, welfare or development, and that they have a relationship with the child that is of such significance that orders are necessary.

    Third, you're going to be seen as frustrating proceedings, which will immediately put you off side with the judge. It's highly unlikely the judge will even grant leave for all of these random family members to join as respondent's, but even applying is going to make it very difficult for you to show that you're concerned only with the child's best interests when you appear to believe the child should be subject to three or four different parenting orders.

    Rethink your tactics. Apologies if this is blunt, but I get extremely tired of parents who think they can manipulate the court to "win", instead of just thinking about what's best for their kids.
     
    Tina Curtis likes this.
  5. teflongirl

    teflongirl Well-Known Member

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    Wow thank you for such a detailed reply. There's a few assumptions there that don't bear out. Firstly this was a move that was suggested by my lawyer. I thought better of it. Why would they suggest this? Secondly the family is the other party's family that would join as co-respondents to my application. Do you still think the magistrate would not like or understand this?
     
  6. AllForHer

    AllForHer Well-Known Member

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    I think the tactical position then is to basically show the court that your ex isn't just withholding from you, but rather, she's withholding from everyone and therefore incapable of putting the child's best interests ahead of her own.

    Again, though, what's the likelihood of them actually attaining orders? Close to zero, and if the situation was that bad, why not seek residency? A cohort of respondents complicates matters - the court will have to hear three or four or five people squabbling over care arrangements instead of just two. The more people you add to the mix, the further you depart from actually putting the child's best interests first.

    What you can do is have them file affidavits outlining the difficulty they have had trying to have a relationship with the child.

    But this is just me, and this isn't legal advice.
     
  7. teflongirl

    teflongirl Well-Known Member

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    I was going to get them to write affidavits and the lawyer said they can just become co-responders. I'll let you know how I go.
     

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