NSW Family Law - Chances of Relocation Order and ICL Interview?

[sammy01]

Just wait and see. Get through the interim. Sometimes it is just nerves and feeling anxious about the upcoming interim mention. Change solicitors is gonna cost money for the new solicitor to catch up on the case and there are no guarantees the next one will be any better.

Look, my theory was if I didn't feel confident with my solicitor, I'd change because I wanted to give myself the best shot at a good result. But I also didn't have a lot of funds. (who does?)

I really can't answer for you whether you should change solicitors. And right now would definitely not be the right time...

 

[abc]

As per the interim order, the father is allowed to contact the mother by text only. The father was given full access to son's school and the mother should arrange this with the school. The mother denied to give access. The solicitor is saying that there is not much to do until next hearing which is in Nov.
S
on told the name of the school to the father, which means the father can go to the school and ask for possible access by showing the order.

The question is, is it better to wait for mother to arrange access to the school and wait for the next hearing if the mother doesn't comply or should the father knock it directly with the court order.

There was Undertaken AVO. It has been reinstated by saying father trying to locate them and threatening mother by SMS, which is wrong. The Family court allowed contact by SMS, and the father sent them SMS but those are not at all offensive.

Solicitor doesn't respond well and is allowing the mother not to comply and do crazy things.

Much appreciated if anyone can assist what should be the next approach.

 

[MartyK]

Finding it a bit hard to follow. Do you mean you have gone from supervised time to no time and only sms? The undertaking was made in the Family Court? What do you mean by father was given full access to the school? Access to school reports, photos and notice of parent teacher interviews?

Family Law proceedings can be very emotionally draining for all. Have you thought about speaking to someone who can assist you with coping during the process. IMO this could be something all Family Law litigants might benefit from.

 

[Beverley Greening]

I did some legal studies years and was told by the lecturer that many people don't understand that they can direct the solicitor. The solicitor can advise them but you are the one paying for the service and can make your wishes known. We change solicitors twice when we felt our wishes were not being followed in the case of my son who was seeking custody of his son.

Your ex sounds a lot like my ex-daughter-in-law except that she had a partner who was actually quite good with my grandson. Ex daughter-in-law told a lot of lies in her affidavits and our responses were 'I (we) deny such and such' but learned to take care not to say she was a liar. Eventually, my son obtained custody but it took a while.

As to the school, you can give the school a copy of the orders and should not have to wait for the ex to tell them. In any case, they do need a copy for legal reasons. Get involved with the school if you can for your child's sake.

When referring to the ex the concerns you could voice would be her isolation and lack of family support, friends and temporary accommodation plus lack of transport. But in saying this you could add that you believe she needs help which you are willing to give. That way you are demonstrating that you are a reasonable person who is putting his child's needs first. Courts get sick of the 'he said' 'she said' stuff instead of focussing on the needs of the child.

 

[abc]

Hi Beverly Green,

Looks like you read my case very nicely. Thanks from the bottom of my heart for your valuable suggestions.

 

[abc]

Father got the full access to the school. Given the order to the school but they are not too sure what sort of access to give.
Apart from sending report card what sort of activity parents normally engage in - can anyone share some idea? Can the father visit the school from time to time to see how the child is going, etc?

 

[AllForHer]

Think about how parents act when they're not divorced.

Do they get report cards? Yes.

Do they schedule and attend parent-teacher interviews? Yes.

Do they go and watch their kids compete in cross country, school band performances and debating? Yes, yes and yes.

Do they visit the school from time to time to see how the child is going? Nope.

Do they go and say hello during the child's lunch hour? Nope.

Do they call the school every day to talk about the child's accomplishments and behaviour? Nope.

Treat your child's schooling as you would if their circumstances weren't special or different because of the separation.

 

[abc]

Thank you Allforher for your valuable input

 

[sammy01]

Yep, I agree. Do all you can but once you bump into conflict walk away. So you get to go back to court saying that you've done all you can in accordance with the orders and if the ex causes problems, you can say that, too, without being accused of causing problems yourself.

 

[abc]

The father was allowed to contact through SMS. Does it mean it has to be all changeover and visiting related? The father wanted to know if any option to reconciliation and they start complaining and reinstated undertaken AVO.