WA Family Court - What will Happen at Interim Hearing?

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sammy01

Well-Known Member
27 September 2015
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Hoang - mate the system didn't do that.... Your ex did and if you'd have gotten on this site back then OR got some good legal advice you'd have adifferent outcome.... Consent orders mean you agreed. If you didn't agree, then you shouldn't have signed them.
 

MartyK

Well-Known Member
4 June 2016
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If you can present yourself to the Court in the same manner that you do on here, and the mother comes across as less willing to encourage a relationship between the child and you, or more obstructive, then this will certainly be to your advantage.
 

Hoang Trang

Well-Known Member
22 July 2016
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Would like to mention that towards the end of the relationship things were rocky obviously. The police came a few times with the first being the neighbour calling as we were in a screaming match. They came and spoke to us and left and nothing further happened.

The second time she called when we were arguing. She cut my pants with scissors and they saw alot of tension and ordered me to leave for 72hrs. The DOCP came after and assessed the situation and left. Never heard from them again.

From separation until now (2years) no police or any other department intervention. Been happy raising my kids with my partner.

She has used this in her affidavit and I'm stressed
 

MartyK

Well-Known Member
4 June 2016
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Do you have a lawyer? Has anything been subpoenaed? When is your next Court date?
 

Hoang Trang

Well-Known Member
22 July 2016
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Yes I got a lawyer just after the first hearing back in November. Next hearing is the case assessment in a few weeks. The judge ordered police reports, drug test, medical records and DOCP records. Have done the drug test and with zero reading. Kids only went to hospital for gastro and DOCP came after last police call at their request as a precaution I assumed and no file was open.

Trying to keep lawyer cost down in case of trial so have had minimal contact besides our first few consultations. But will need to follow up this week with them.

So far they have said I got 3 nights already and can only go up from there. Was stumped and surprised as to why she put kids in daycare full time if she doesn't work full time. May be our arguing strong point
 

Hoang Trang

Well-Known Member
22 July 2016
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My lawyer has suggested rather then a interim hearing we should call in a single expert witness and subpoena the children's daycare. This approach is quicker and less costly. There was a incident at daycare in which the police were called when my ex tried to take the kids.

What I hope will happen is for the courts to see the relationship between me and my children and significant others.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
My lawyer has suggested rather then a interim hearing we should call in a single expert witness and subpoena the children's daycare. This approach is quicker and less costly. There was a incident at daycare in which the police were called when my ex tried to take the kids.

What I hope will happen is for the courts to see the relationship between me and my children and significant others.

Thanks for the update Hoang Trang. By the sounds of it your lawyer has a fairly good handle on things.

Yes, the report writer will talk to you and your ex (separately) and will also observe your relationship and interactions with the children. Possibly other significant others also, depending on who they are and their relationship to the child.
 

Hoang Trang

Well-Known Member
22 July 2016
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We sent the MOCO for a single expert witness and seven days for a response and it's now passed. She has made some serious allegations against me. Any reason why she won't agree?

I don't think it's financially as she already has her own funded lawyer and plus the cost is split between both parties anyway. Or some tactical motivate?
 

MartyK

Well-Known Member
4 June 2016
419
61
794
We sent the MOCO for a single expert witness and seven days for a response and it's now passed. She has made some serious allegations against me. Any reason why she won't agree?

When is the next Court date? I understand your earlier post to mean that rather than a contested hearing (Interim), your lawyer would instead be seeking orders, that day, for a Family Report and also to issue some subpoenas?

If the mothers lawyer does not respond beforehand, your lawyer will still be able to request these at the next Court date.
 

Hoang Trang

Well-Known Member
22 July 2016
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We have a case assement next week and a directions hearing first week of march. My lawyer has mentioned that we are working on a tight time frame and issued the subpoena request as a matter of urgently to avoid another hearing.