NSW Family Court - What to Expect at First Mention?

[Groovecow]

Hi all,

I have posted on here before, but just after some general help and experience this time.

I've been wondering what to expect at a first mention which has been filed as urgent. I am asking that the children come under my care, and spend alternate weekends with her.

A brief rundown, (I'm not sure if it's necessary, just some background if needed):

*I've not been able to have any meaningful contact with my children since August, two children Son who is 8 and daughter who is 3.

*She has changed my son's school, moved him to a new town and stopped all extra curricular activities for him.

*She has taken my daughter out of daycare, the day after I was allowed to go and visit her. I have seen her once since August.

I won't go into the abuse side of things here.

What I was wondering was, if it is a first mention with an urgent order attached, is that able to be delayed? She now has a solicitor, who resides in QLD. The hearing is in February. Is the family court likely to give contact at a first mention if the case is particularly contentious?

Unless she falsifies evidence against me, there is no reason I can think why contact was cut against me. Will the family court recognise it as parental alienation?

I saw my daughter around 3 weeks ago at the daycare. She immediately ran over to me and said "Daddy," (hugs and all, which obviously was very nice,) but lets me at least know, that she remembers and knows who I am.

 

[Migz]

Ok,

To answer your question briefly before getting into it, the first mention you will be in front of the Judge for between 1 to 10 minutes, it's all over in a flash, and the first mention everything will be based purely on your paperwork which is as follows "affidavit including supporting annexures", "notice of risk", "initiating application/response" depending on which one you are..."interim court orders you are seeking" and "final court orders you are seeking"

So my questions are;

1. Have you been to mediation already? How did it go?

2. Have you and your ex created a parenting plan?

3. Have you served all of the paperwork mentioned above in "..." on your ex already?

4. Are you the Applicant or the Respondent?

5. Have you outlined interim orders that you are happy with as these will be looked at? If not then get writing and submit an Amended Initiating Application (you can do it all online)

Cheers

 

[Groovecow]

Hiya Migz,

We initially attempted mediation, though it did not go to well on both sides. Halfway through she decided she would like to move to another town some 300 kilometers away. Talks broke down after this, and I was issued with the s60i.

She has created all seven of the parenting plans and allowed no input from myself, whilst this has been going to court, (which was a process to get it there itself!).

I have attempted to peacefully work with her, and the contact was fairly substantial, though after the seventh one I told her this is no longer viable or fair, once court was on the horizon, any talks like this fully broke down.

Yes to the serving of all relevant papers, (such as affidavit and notice of risk,) I am also the applicant.

The interim is that I have majority parental care with my Ex having every second weekend, I'm assuming that may be a tall order to achieve. I am hoping some contact is restored, I just don't know if that's a strong possibility for a first mention? She is liable to say anything at this point I suspect.

I know you can only take me at what I have wrote here, there was no real reason that contact was ceased, it was over something as petty as clothes, (if you can imagine.)

Hopefully that has answered your questions? (Apologies if not.)

 

[sammy01]

Do you have a solicitor?

Interim orders for some unsupervised access with you would have been a good idea.

Can you move to live near the kids? I'd be looking at doing that and aiming for 50/50 care in that scenario.

 

[Migz]

Ok Groovecow, I can believe contact being ceased over something as petty as clothes (mine threatened to stop my visitations because she found out I took my 8-month-old on a bus during my visitation, in her pram, all completely legal ).

Next, so you are up to the 7th Parenting Plan, which you have had no involvement in. I take it there are parts to it that you agree to, part you don't agree to, and parts that need to be added to it. This is where the interim court appearance comes into it.

You need to re-write your own parenting plan, highlighting what you agree to in hers, what you are removing from hers, and what you are adding to hers. Email a copy to her, ask her for any feed back give her a time frame to respond in (ie a week) word it nicely, depending on your next court date time frame. (Believe me the more items that you can iron out before going to court the better)

If no response, and you are happy with your parenting plan then you'll have to "amend your application" with this paperwork. Make it easy to read for the Judge, ie. Page one is what we agree on, Page two will need to worked out by the presiding Judge.

Groovecow, yes this is time consuming, and yes it's costly as you will need to serve the Amended Paperwork on your ex again hopefully 28 days prior to your court appearance, so they are aware, amd can respond should they wish. (Judges also don't like surprises), but if you are self representing its not to bad, just stay out on front of it paperwork wise.

Cheers

 

[Corinne]

The fact that it's going to court means things are way past parenting plans.

If you and your ex are able to agree on anything, they could be written up as consent orders, but other than that, it sounds like you just need your interim and final orders clearly outlined and let the judge decide.

Also, she shouldn't have moved 300 kms without your consent. Emphasise this point. And also the fact that not only has she moved away, but she also isn't willing to facilitate any kind of relationship between you and your kids.

In most cases, if that kind of behaviour continues, it results in a change of residency of the children involved.

Good luck.