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

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AllForHer

Well-Known Member
23 July 2014
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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.


Mate, I think your ex has made it pretty clear that she doesn't want to reconcile. Keep it child related, or risk an AVO. Any unwanted contact is harassment, so keep it about the kids and move on.
 

abc

Well-Known Member
19 January 2016
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As per the undertaken AVO, the father is not allowed to contact by any means. Family court is allowed to contact via text.

The father tried sent few a sms regarding possible reconciliation but no way it is offensive. The mother felt offended and re applied for AVO.

Do you reckon it's a breach of the order?
 

abc

Well-Known Member
19 January 2016
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Custody proceeding is almost 70% completed and the divorce is done. We asked the solicitor to do the settlement and it's been 4 months.

The other party is not responding and my solicitor also seems to not be giving it enough attention or is not taking things seriously or not even taking the time to take the matter to the court. The other party changed Legal Aid Lawyers once and then gone to a commercial lawyer in last 4 months. I'm not sure why.

Even though my solicitor is not asking too much money, I'm not sure why he is not taking things seriously. May be he is dealing with profitable clients?

He keeps saying the other party is not responding, but he doesn’t even have the time to share the latest court order, which has been almost 2 months since we had the court last time.

Question is:

- I know this is not the best time to change the solicitors, but do I have any option other than changing lawyers while he hardly responds and is not able to take the matter further?

- Can I just engage a new solicitor only for the settlement and leave the rest with the current solicitor? If yes , I',m not sure how he will carry on the rest of the proceedings.

- Does a solicitor do harm to their clients while they change solicitors or ended up with a bad relation?

I just need to clear things off and I'm desperate to move away from this stressful life.

 

AllForHer

Well-Known Member
23 July 2014
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So,you've stopped attempting to reconcile, right?

Where are you at with proceedings? Is there another hearing coming up soon?
 

Beverley Greening

Well-Known Member
6 November 2014
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If you decide to change solicitors, you must pay the first one otherwise, he does not have to hand over his file to the new solicitor. Remember you have to direct him, not the other way round. If you want to hurry things up, direct him to apply for an interim Hearing or Breach of Orders now seeing she is not responding.

I am not sure the ex could be said to be in breach or if her solicitor is delaying things in the hope you will give up. Talk to the current solicitor but let him know you are not happy that things are not moving.

Remember you are paying him to act for you, not the other way round. If you still feel he is indecisive then settle his bill and ask around for someone with a bit of go. Word of mouth could be the way to go.
 

abc

Well-Known Member
19 January 2016
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Thanks for your valuable information. Obviously, I don't want to change the solicitor which might bring another hassle but I am not sure why he is not moving, even the other side is not cooperating. He doesn't even bother to give me the order, but people in my conditions are always in stress.

I have been waiting for 4 months without minimum progress.
 

Beverley Greening

Well-Known Member
6 November 2014
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My son's solicitors always sent him copies of all communications they had with my ex-Daughter-In-Law's solicitor. Am I right in thinking you are not being given copies so you know what is going on?

I had a lot to do with my son's case as he has short term memory loss following brain surgery. He lives with me and I am his memory bank to some extent.

Some judges thought he was incapable of raising a child yet he can do everything including use a computer. That is how I came to know so much about his case. I also joined the Lone Father's Association which is based in Canberra. They can be very helpful but can't give legal advice. Their support was appreciated and it could be worth your while checking them out. They have branches everywhere but it is years since I was a member.
 

abc

Well-Known Member
19 January 2016
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121
Thank you again for your reply and sad to know your son's condition. Yes I was given no correspondence what he is doing with other party.