WA Family Law - How to Change Final Orders of Initiating Application?

[Newmember2015]

Hi

As it is the weekend and I don't have the option of ringing any services today, I am wondering if anyone can tell me how to change what final orders I was seeking in a parenting case under Family Law.

I am the initiating party in the case and the first hearing is in just over one week's time. How can I change what I want to request in the final orders?

The Initiating application and affidavit have been filed and served on the other party.

Thanks

 

[JS79]

Have you had your lawyer do this or have you done this independent of a lawyer?

 

[sammy01]

I hope you can't...With less than a week before the first hearing, what chance does that give the respondent to prepare a response to your change of mind?

 

[AllForHer]

If you're self-representing, you file another initialing application with "Amended" written across the top and another affidavit, however you cannot simply produce an entirely new initiating application. What you have to do is file the original orders you were seeking, with the changes you wish to make emphasised in some way, usually by crossing out the old orders you were seeking, and underlining the new orders.

If you are a week out from your first day of trial, be cautious - if the changes are significant, the court may adjourn the matter so the other party has time to consider the matter and file a response. If you are a week out from your first interim hearing, the judge may be more lenient, but may still adjourn the matter until a later date.

 

[Newmember2015]

I'm self-representing.

I'm basically changing my original request of 50/50 to what it is currently close to now in our parenting plan. So I doubt the other party will mind at all.

I was thinking of asking to change the court date until I can put all the new orders in writing and get copies and witnessed and filed and reserved, etc....

Would asking for the date to be changed to a better option so the other party has time to get all new info?

 

[AllForHer]

What you would be asking for is an adjournment. You can do this on the day of the hearing, but contact the Family Court Registry for guidance on requesting an adjournment prior to the existing court date.

 

[sammy01]

If the case is entirely about parenting orders and you think the OP would agree, then why not write to the OP or their solicitor and ask if they would be prepared to enter into consent orders and withdraw the court application?

Am I right in thinking you're the non-primary carer? And you now happy to stay with less than 50/50?

 

[Newmember2015]

Yes, I'm the non-primary carer and think it's best to stay that way.

I've paid over $500 for initiating the proceedings, so if we withdraw the court proceedings to submit consent orders, is this a separate charge?

The court advised I get the OP's signature and fax a request for a new court date.

I don't want to waste anyone's time or money and just want it settled the quickest and easiest way.