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NSW Family Court Trial - No Documents from Applicant yet?

Discussion in 'Family Law Forum' started by Tuchuzy, 28 June 2015.

  1. Tuchuzy

    Tuchuzy Well-Known Member

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    Hey!
    I am the respondent in the matter. We are due in family court for Final Hearing/Trial on 20th July.

    So far we have no new material from the Applicant (the father) and I want to get my documents ready and submitted. I know that he has not sort any material from schools or daycare etc.

    For the interim hearing there were affidavits prepared, etc. and there is a family report (after the interim date).

    I was wondering if I can submit my updated material without the Applicants. I understand that I can prep and await his documents.

    Since initial application in 2013 and interim hearing in 2014. The father has relocated, the children are doing well at school, home/my situation has remained as is and stable. The children have established good friendships/community links.

    So I feel that updated material is required.

    Thanks in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Yes, I agree with filing an affidavit that contains information regarding the children's current situation, even if the applicant does not file anything further.
     
  3. Tuchuzy

    Tuchuzy Well-Known Member

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    Thanks for that.... Am I reading this correctly... I do not have to wait for his further material to update my response?? It is up to him to update his own material and when he chooses to do that is his decision.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Correct. You can file supplementary affidavits as you see fit, regardless of whether the applicant files or not.
     

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