LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Family Law - Help with Amended Response for Final Hearing?

Discussion in 'Family Law Forum' started by needhelp, 5 September 2016.

  1. needhelp

    needhelp Active Member

    Joined:
    6 September 2014
    Messages:
    11
    Likes Received:
    1
    Hi Ladies and Gentlemen,

    I am going through a nasty separation and custody of children / visitation rights battle.

    I am the respondent, the father and had a legal aid lawyer that got me through the initial hearing and property settlement, however, I resumed work and lost funding with no ability to afford a lawyer.

    I need help to understand what the family court has ordered for the final hearing and where or how I can find maybe templates for the documents I need to submit. I have access to the court's portal and have submitted affidavits and further amended responses, etc. for orders sort re: kids. I have idea about the final hearing's paperwork, and I can't find more info. These are the things I need help with and assume this may take a while and bit by bit maybe.

    _____________________________________________________________________________________
    1. Both parties file and serve any Amended Application and/or Response upon which they intend to rely by no later than 24 October 2016.
    2. Each party is to file and serve one consolidated Affidavit in support of the orders sought by them, together with any other witness’s affidavits by no later than 24 October 2016.
    3. Neither party may rely on any documents filed after 24 October 2016 without leave of the Court, and in the event of non-compliance with these filing directions the Court will at its discretion either vacate the trial dates or list other matters with priority.
    4. Each party is to file and serve a Case Outline document by no later than 4:00pm on 31 October 2016, setting out:
      1. a list of documents to be read in their case;
      2. a precise Minute of Orders Sought;
      3. a list of objections to evidence and the basis for such objection;
      4. a brief summary of argument touching upon the matters set out s.60CC of the Family Law Act 1975, with reference to the relevant evidence relied upon;
    5. The Applicant is to comply with the payment of any setting down and/or daily hearing fee in accordance with Rules 24.03 and 24.04 of the Federal Circuit Court Rules 2001 or as otherwise directed by the Registry Manager by the date of filing of further material.
    ________________________________________________________________________________

    1: I do wish to file a "further further amended response". Currently, I am trying to change every third weekend to every second but am thinking 3 out of 4 weekends might be worth persuing.

    Would a further further amended response be the correct way to label the document?

    2: With my further amended response, I consolidated all the affidavits served into one affidavit to support that response. Would something similar work for a further futher response.

    4: My god I have no idea where to start, this is where I need lots of help. Please help
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,062
    Likes Received:
    126
    Some of the smart folk here will help, but I reckon you've no chance of getting 3/4 weekends. You might wanna let us know the age of the kids, etc. and why you're only getting every third weekend.

    Are you interested / able to do mid-week time? How old are the kids? Why not go for 50/50?
     
  3. needhelp

    needhelp Active Member

    Joined:
    6 September 2014
    Messages:
    11
    Likes Received:
    1
    The reason I have every third is I am two hours away and in the lead up to the interim hearing, I was unemployed and excluded from their lives by way of a bogus dvo. so that's what I went for... The judge has stated he sees no evidence of family violence and awarded me what I asked for.

    She wouldn't agree to every second weekend so it's going to a final hearing and due to being completely excluded apart from the orders (which she breaks) I'm thinking more time, i.e 3/4 weekends might be the go. They are 8 and 4. My questions related to procedural information, btw.
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    1. Just label it 'Amended Response'.

    2. You should file just one affidavit of evidence in chief to support your case, plus one affidavit per witness. Rather than just consolidating all prior affidavits, make sure you update it with new information where necessary, as well, but keep it chronological. If, for example, mum has withheld the children recently, you do need to add that into your affidavit. Often, what was best for children when proceedings start is slightly or even vastly different by the time proceedings get close to conclusion.

    There's a 'template affidavit' (note: template, not example) here: Affidavit - Federal Circuit Court of Australia

    3. What other questions do you have?

    Now, you are contending with the tyranny of distance here, so I think you may be better off asking for every second weekend and half school holidays if you are living two hours away. Asking for three weekends out of every four is probably not in their best interests, partially because they are very young and probably won't be favourable to a four-hour round trip for a two-night stay over most weekends, and partially because it's preferred that kids have a balance of leisure time with both mum and dad. If mum gets all the hard work during the week days and you get all the fun times on the weekends, the kids will be missing out on a significant part of their relationship with mum.
     
  5. needhelp

    needhelp Active Member

    Joined:
    6 September 2014
    Messages:
    11
    Likes Received:
    1
    Hey allforher,

    Let's say I make no changes to the final orders sort and the supporting affidavit, does that mean item 2 is already done?

    My biggest sticking point is the whole of item 4. I have no idea how to do all that stuff. I can't find templates or examples and I think I need to be walked through it step by step.

    Responses and affidavits, etc., I can find the templates for and have used and submitted.

    I should clear up I also have half the holidays.
     
  6. needhelp

    needhelp Active Member

    Joined:
    6 September 2014
    Messages:
    11
    Likes Received:
    1
    Hey so I have found this template which covers some of item 4...

    Case information - Family Court of Australia

    Can I just create new pages with headings such as "List of objections" etc. and if I object to, say, her initiating affidavit due to lies that I can and have proven in my affidavits, how would I write that?
     
  7. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,062
    Likes Received:
    126
    So respond by saying I disagree to XYZ.

    No need to prove that she is wrong - it is enough to say you don't agree. Remember it ain't about right / wrong - lies / truth. It is about the best interest of the kids. So scoring points here or there is a waste of time.
     
  8. needhelp

    needhelp Active Member

    Joined:
    6 September 2014
    Messages:
    11
    Likes Received:
    1
    I am aware it's about the kids. if I wasn't acting in their best interest, I would be working part time, going bankrupt and not defending against her wish for 4 hours supervised visitation per fortnight.

    The judge has asked to list objections to the evidence and on what basis, which is in both her's and my affidavits.

    What I am asking help for is how to set these answers out in a correct legal manner.
     

Share This Page

Loading...