VIC Family Law - How Long to Expect Communication from Lawyer?

[Anon_ymous]

I received an email from the mother of my partner's child late Friday afternoon, advising she is cancelling father's time with the child the next morning.

It also stated she requested all future communication to be directed to the lawyer.

We emailed that evening and then again the start of this week, just asking for clarification on her intention and the future arrangements. Also advised of how willing my partner and I are to communicate effectively for the best interest of all children, etc.

Have had no response still and even called to leave a message. Can they just not respond indefinitely? Or ever?

We are looking into getting advice on the process for the next steps under family law but we actually aren't clear as to what is going on to get advice based on that.

 

[Anon_ymous]

Sorry, it was meant to say mother's lawyer

 

[sammy01]

Have you done mediation recently (12 months)? Apply to court don't waste anymore time frolicking around with someone who clearly is intent on stopping dad from seeing the kid

 

[Rod]

Go get your 60I certificate and file at court.

No point waiting now. And no comms directly with mother else you may find an IVO coming your way.

She said communicate only via lawyer, she is paying her lawyer, so communicate via her lawyer and keep it all very civil. Assume any communications will be used by the other side for court so do it nicely.

 

[Anon_ymous]

have you done mediation recently (12 months)? apply to court don't waste anymore time frolicking around with someone who clearly is intent on stopping dad from seeing the kid

Thanks, yes these were regarding the plans made at mediation unfortunately.

 

[Anon_ymous]

Go get your 60I certificate and file at court.

No point waiting now. And no comms directly with mother else you may find an IVO coming your way.

She said communicate only via lawyer, she is paying her lawyer, so communicate via her lawyer and keep it all very civil. Assume any communications will be used by the other side for court so do it nicely.

Thanks Rod.
It's all been through the lawyer except the lawyer now isn't responding.
All very civil, were only interested in one thing and that's doing what is right for the kids.
So if my partner gets the 60i, what are we filing at court so I know what I'm looking into?
Do we need a lawyer at this stage?

 

[Rod]

Look for initiating application in the family court: Initiating Application Kit (do it yourself kit) - Family Court of Australia

Once you've looked at the link post back if you still need help. I can get you help if you can get to Collingwood. Otherwise a local lawyer who does family law can help.

 

[CSFLW]

Hi Anon

To answer your question: "Can they just not respond indefinitely? Or ever?"

The lawyer will only respond if they are told to respond to you by their client.

Importantly, why would the mother stop access to the child?

 

[Anon_ymous]

Look for initiating application in the family court: Initiating Application Kit (do it yourself kit) - Family Court of Australia

Once you've looked at the link post back if you still need help. I can get you help if you can get to Collingwood. Otherwise a local lawyer who does family law can help.

Thank you Rod.
I've had a look at the link, now I have questions. Holy Moly.
So currently we have zero access. Dad just found out at mediation that all the gifts and cards over the last three years haven't been given to his son.
Dad hasn't seen his son for the last six years approx and we've been trying to communicate with mum for the last 3.
Mediation plans have now been unsuccessful. Lawyer not responding.
We have children that we would like to grow up with their sibling.
So my questions are, considering the above...

What is the name of what we are submitting? There are a bunch of different applications and I don't know what is what.
What ever we apply for will be better than what we have now (nothing) so we aren't looking to be assholes, just fair to the kids.
Child is 9 years, we were hoping through mediation we would reach one night during the week over for dinner and overnights on weekends.
We would also be able to do school drop offs and picks ups if we could and as much time as the kids could spend together would be beneficial.
Mum doesn't have any other children.

Collingwood is easy to get to, is there someone you had in mind?

 

[Anon_ymous]

Hi Anon

To answer your question: "Can they just not respond indefinitely? Or ever?"

The lawyer will only respond if they are told to respond to you by their client.

Importantly, why would the mother stop access to the child?

CSFLW thanks, it makes more sense now.

"Importantly, why would the mother stop access to the child?"

How long is a piece of string? Who knows.

It's been a back and forth for a long time. Mum says kid wants to see dad etc, is all for it and then just ceases responding.
Mediation went really well. Mum expressed she had no concerns and plans were made. Then the night before I get an email for my partner from the lawyer.
I assume it has more to do with her own agenda and feelings than any actual concern around my partner.
We have offered everything we can think of to help get this moving along. Nothing seems to make any difference.