QLD Family Law - Interpretation of Order

[JS79]

You would also want to look at responding to your ex's affidavit - just put it under a title such as Response to Applicant's Affidavit and continue under numbered paragraphs referring to paragraph's in your ex's affidavit.

 

[Junior]

Thanks @JS79,

* each party by month 2016 file and serve affidavits in response to the affidavits of evidence in chief of the other parties.

Some Solicitors have said the trial will be for unsupervised visit and that I would be lucky if I will have spent time with the children once or twice a week unsupervised for 24 hours (because it's under the Magellan Case ). And I was also advised by one Solicitor to accept the Amended Response to Initiating Application by the Applicant (I'm the Respondent). She has told me that I will have supervised visit until the children have reached the right age.

 

[Junior]

Unfortunately, the applicant affidavit has full of wrong accusations. She did it before and she's still doing it again. As a SRL, I asked her solicitor if she made the right direction when she lodged and file the affidavit. @JS79 and @AllForHer , now is the time to respond to her affidavit. Do I have to respond to all her allegation? They are baseless and fictional. Irrelevant to the matter.

 

[AllForHer]

You should respond to the relevant allegations, but don't waste too much of your affidavit going into excessive detail about your version of the truth on every little thing, especially if it doesn't affect the children's matter. For example, a lie about how you threw one of your kids down some stairs and broke their arm needs to be addressed - I didn't throw X down the stairs. X fell down the stairs and I took him to hospital immediately with concerns that he had broken his arm. A lie about how you once left a paper bag of poo on Aunt Mildred's doorstep when you were 15 is irrelevant, so it doesn't need to be addressed. Extreme examples, but you get the drift.

It might be a good idea to headline a part of your affidavit with 'Response to Applicant Affidavit' and state things like 'In response to [whatever paragraph], I disagree that [whatever fact is wrong] and say that [whatever you think is correct].' The facts will generally be determined in cross-examination anyway, which is all about discrediting the other party. If she's lied, then cross examination is where that will come to light.

 

[Junior]

Thank you @AllForHer, I do appreciate your time and effort.

I received a positive 30 plus pages of Children's Contact Report from the ICL. I am waiting for the Single expert witness report and the 2nd Family Report from LAQ to be sent to me once available.

 

[AllForHer]

That's good to hear. You can amend the orders you're seeking to reflect the content of the family report, if you wish.

 

[Junior]

Thanks @AllForHer, I will have the second family report this coming April 2016 that's involved the future carer of my children. After receiving questionable affidavit from the single expert witness report and a 45 pages (not 30 pages) from the contact centre, the lawyers applicant is doing her best for her disgrace client.

 

[Anubis]

I think you might consider investing in a lawyer to do your documents, even if you do not stay with them for the long haul.

It really is an investment.

 

[Junior]

Thanks @ Anubis,

I agree, you have to put all your resources for the sake of the children. I haven't got a clue on how many solicitors I have spoken for my family matter.

 

[Junior]

I received a letter from the ICL in regards to subpoena. My question is, the subpoenaed documents has already been viewed before the case management hearing on the last quarter of 2014.

Can I object to the subpoenas before the deadline date? Any consequences if I object to the subpoenas?

Thanks.