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QLD Family Law Case Management - Magellan Program

Discussion in 'Family Law Forum' started by PatrickJSP, 29 July 2014.

  1. PatrickJSP

    PatrickJSP Well-Known Member

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    Good day to all of you... I have a friend he's running his own Family Law Case. He's not happy with the Federal Circuit Court ordering the case to be transferred to Family Court of Australia, Magellan direction. He would pay half of the cost of Independent Children's Lawyer. Can he and the other party asked the family law court to simply drop the case and goes straight to conciliation conference, family mediation meeting and settlement? Thank you very much.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Family law proceedings can generally be withdrawn if both parties reach an agreement outside of court, but for the sake of avoiding complications later, it's always a good idea to get any orders made outside of court lodged as consent orders anyway.

    I assume the matter is primarily affecting care arrangements for children as you mentioned that an ICL had been appointed. The best way to reach an agreement on parenting outside of court is to engage in family dispute resolution. Both parties usually have a solicitor backing them in this case, which makes the process easier to navigate.

    It sounds as though the other party is willing to negotiate an outcome and avoid the stress and fiscal impost of a prolonged court proceeding - and it is always prolonged if the FCC deems it necessary to transfer it to the FamCA. Contact the other party's solicitor, inform them that you would like to negotiate an outcome outside of court so as to avoid additional conflict for both the children's and the parents' sake, and I would suggest also including an idea of what you are after and why. It makes it less stressful and chaotic of both parties already have a goal.

    I hope this helps.
     
  3. PatrickJSP

    PatrickJSP Well-Known Member

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    Thanks @ AllForHer, We tried to bring his case for settlement but the other party just ignored us because he's running his own family case.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Yes, that does make things more complicated, but it is generally looks better if you have made efforts to settle outside of court. Keep at it and stay positive. Good luck.
     

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