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

[CSFLW]

Thanks Anon.

You state: "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"

Six years is a long time.

The best approach is to try and keep this out of court, as court can prolong the time even further.

If you engage a lawyer, they may be able to negotiate with the other lawyer to enable the father to see his child.

It will be baby steps at the start.

Let me know how you go.

 

[Anon_ymous]

Thanks Anon.

You state: "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"

Six years is a long time.

The best approach is to try and keep this out of court, as court can prolong the time even further.

If you engage a lawyer, they may be able to negotiate with the other lawyer to enable the father to see his child.

It will be baby steps at the start.

Let me know how you go.

Would mum's lawyer be obligated to respond to our lawyer if we utilised one?
Baby steps would be great, better than no steps right.

We wanted the court to be the last option if at all, but if it comes down to getting nowhere and giving up and going to court, it'll have to be court.

 

[CSFLW]

As I mentioned, the lawyer would only respond if their client instructed them to respond.

 

[Migz]

Stop stuffing around, my ex's lawyer hasn't responded in months, which is great, because each week I send an email asking for more time with my little girl, come trial affidavit, the Judge will be getting a 500 page ream of emails showing how I sought additional time, and was available to carry it out, yet never received an answer.

So as Rod said, download the
Initiating Application Kit (do it yourself kit) - Federal Circuit Court of Australia

Fill it in with "interim Orders" and "Final Orders" a bit daunting but if you search this website you will find alot of the work done for you already.

Next fill in the "Notice Of Risk" ....pity you cant fill it in with "Mother is a self serving narcissistic P.O.S, who continues to allienate the child for 6 years prior just so she can continue to get her weekly CS payment."

Now the hard part. The Affidavit, and annexures. This is essentially Dads story, preferably written in Chronological order. have a read of this website, it lays it out in Black and White
affidavit | Search Results |

If you can afford it, say $200 to $800, I would take it a Family lawyer just to seek some advice before filing, or better yet take Rod up on his offer.

Don't going blowing tens of thousand of this barbaric system, if the judge you are infront of at your first hearing can't even grant Dad a few hours a week in a well laid out "stepping stone" program, then don't instill anymore time and money into it. The whole thing is a money making racket, children bests interests come first, is the biggest load of crap going in this system. You are better of keeping the tens of thousands in your pocket to continue to pay the CS and or put a pool in, and enjoy it over the next 10 to 20 years. Sorry to sound so bleek, but the Judge I am infront is a complete Ass, and I just ticked into my 3rd year.

Last piece of opinion, and due to the lengthy period, please put together a well thought out "stepping stone" program, one that the Judge cannot dispute at the first hearing, and it can be implemented from that day on. ie. Monday 3:30pm to 5:30pm Thursday 3:30pm to 5:30pm Saturday 10am to 2pm, then 2 months later Monday 3:30pm to 6:30pm Thursday 3:30pm to 6:30pm Saturday 10am to 4pm, then 2 months later Monday 3:30pm to 7:30pm Thursday 3:30pm to 7:30pm Saturday 10am to 6pm that sort of thing. Build it up over 12 months to overnights beginning, I know he's your son, and why should you have to do this, but this is the crap they want you to do.

And have a read of
Family Law Act 1975

act 60 page 156 onwards, to act 70, it doesn't take very long and its good to know what legislation you are actually up against.

Cheers

 

[Rod]

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

[Moderated - Community Guidelines / Solicitation]

 

[sammy01]

Yup apply to court asap. This chick is playing with you guys. Until she has pressure applied she isn't gonna agree to a single thing or if she does, it is just part of the game. 'i'd love little you to see little timmy' translates as 'here is a photo of the kid, look at it because it is as close as you're gonna get'
apply to court.

Write back to her solicitor, write long letters, remember, solicitor charges for every work he has to read... The going rate these days is about $40 per hundred words... Write lots. Cost her money. That might make her re-think

 

[Anon_ymous]

Stop stuffing around, my ex's lawyer hasn't responded in months, which is great, because each week I send an email asking for more time with my little girl, come trial affidavit, the Judge will be getting a 500 page ream of emails showing how I sought additional time, and was available to carry it out, yet never received an answer.

So as Rod said, download the
Initiating Application Kit (do it yourself kit) - Federal Circuit Court of Australia

Fill it in with "interim Orders" and "Final Orders" a bit daunting but if you search this website you will find alot of the work done for you already.

Next fill in the "Notice Of Risk" ....pity you cant fill it in with "Mother is a self serving narcissistic P.O.S, who continues to allienate the child for 6 years prior just so she can continue to get her weekly CS payment."

Now the hard part. The Affidavit, and annexures. This is essentially Dads story, preferably written in Chronological order. have a read of this website, it lays it out in Black and White
affidavit | Search Results |

If you can afford it, say $200 to $800, I would take it a Family lawyer just to seek some advice before filing, or better yet take Rod up on his offer.

Don't going blowing tens of thousand of this barbaric system, if the judge you are infront of at your first hearing can't even grant Dad a few hours a week in a well laid out "stepping stone" program, then don't instill anymore time and money into it. The whole thing is a money making racket, children bests interests come first, is the biggest load of crap going in this system. You are better of keeping the tens of thousands in your pocket to continue to pay the CS and or put a pool in, and enjoy it over the next 10 to 20 years. Sorry to sound so bleek, but the Judge I am infront is a complete Ass, and I just ticked into my 3rd year.

Last piece of advise, and due to the lengthy period, please put together a well thought out "stepping stone" program, one that the Judge cannot dispute at the first hearing, and it can be implemented from that day on. ie. Monday 3:30pm to 5:30pm Thursday 3:30pm to 5:30pm Saturday 10am to 2pm, then 2 months later Monday 3:30pm to 6:30pm Thursday 3:30pm to 6:30pm Saturday 10am to 4pm, then 2 months later Monday 3:30pm to 7:30pm Thursday 3:30pm to 7:30pm Saturday 10am to 6pm that sort of thing. Build it up over 12 months to overnights beginning, I know he's your son, and why should you have to do this, but this is the crap they want you to do.

And have a read of
Family Law Act 1975

act 60 page 156 onwards, to act 70, it doesn't take very long and its good to know what legislation you are actually up against.

Cheers
Migz

Thanks Migz, appreciate the help. We'll start getting things prepared.

I do acknowledge part of it is the dad, over the first few years after he stopped seeing his kid. He didn't know how to deal with mum... I guess older and wiser now but unfortunately lost time he can't get back.
Don't know if it's harder or easier when the other parent is a stranger. I guess you have no idea what kind of person you're dealing with.

Sorry to hear you're getting the crap end of the stick with your legal journey.
I know from a person who had parents in a dysfunctional relationship, I appreciate now how much my dad never says a bad word about my mum.
On the other hand, I'm now well aware of some of mum's behaviour, regardless of what my dad did and I refuse to engage with her convos about him anymore.
Her bad mouthing was really damaging.
Wish you all the best, I hope you get what your little girl deserves from you.

 

[Anon_ymous]

[Moderated - Community Guidelines / Solicitation]

Thanks Rod, I will do that.

 

[Anon_ymous]

yup apply to court asap. This chick is playing with you guys. Until she has pressure applied she isn't gonna agree to a single thing or if she does, it is just part of the game. 'i'd love little you to see little timmy' translates as 'here is a photo of the kid, look at it because it is as close as you're gonna get'
apply to court. Write back to her solicitor, write long letters, remember, solicitor charges for every work he has to read... The going rate these days is about $40 per hundred words... Write lots. Cost her money. That might make her re-think

I had no idea that it worked that way. Why on earth would anyone so flippantly advise to communicate with their lawyer? For no good reason at all.

 

[sammy01]

Why flippantly advise 'to communicate with their lawyer'? Too many Hollywood Movies... And stupidity... But take advantage of it. Won't take long before she will change her mind.