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:

QLD Federal Court of Australia (Circuit) - Response Forms?

Discussion in 'Family Law Forum' started by angela23, 6 April 2015.

  1. angela23

    angela23 Member

    Joined:
    6 April 2015
    Messages:
    1
    Likes Received:
    0
    Just wanting advice on how to fill out a Federal circuit court of Australia RESPONSE form. Not too sure what information to put in the family law final orders sought OR the interim or proceedural orders sought questions?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    I assume this is for a parenting matter?

    Orders sought are written up as follows:
    1. That the parents have shared parental responsibility.
    2. That the child live with the mother.
    3. That the child spend time with the father as follows:
    a. From after school each Wednesday until before school Thursday;
    b. On alternate weekends, from after school Friday until before school Monday;

    Etc. etc. etc.

    Final orders are those you wish to be in place until the children turn 18. Interim orders are those you wish to have in place while proceedings are ongoing.

    You will also need to provide a supporting affidavit that demonstrates why the orders you are seeking are in the best interests of the child. The things the court takes in consideration when assessing what's in the best interests of the children are listed under section 60CC of the Family Law Act 1975.

    Victorian Legal Aid has developed a very useful guide for self-represented litigants that will also help you sort out how to address interim and final orders and supporting affidavit in your response. Queensland and Victoria have conferred jurisdiction in family matters to the Federal Courts, so the laws are the same, making the guide applicable in Queensland.

    Have a read of it here: How to run your family law case | Victoria Legal Aid
     
  3. MysticDefender

    Joined:
    8 April 2015
    Messages:
    1
    Likes Received:
    0
    My partner has a child to another guy and back in 2012 they went to mediation so he could get too see and have his son on Wednesdays for and hour and a half and have his son on Fridays after school until 5pm Saturdays and too have his son for half the holidays which is fair enough. These orders were made to last for 6 months and they were supposed renegotiated to benefit him to have his son more but never were. In the last 3 years my partner followed these orders and her ex has not even attempted to have his son over the holidays and the days he has had his son on the Wednesday he has requested that we drop his son of at his Grandfathers house on a few occasions his father has not seen him on those days and once even his Grandfather has rang my partner too find out if his own son is coming to see his son, on the times he has had his son over night he takes him out too adult parties where his son has told us that his dad drinks and uses drugs and on occasions. It seems over time the father has been spending less and less time with his son by changing times with excuses he is doing important stuff later finding out he was chasing drugs or at parties. My partner tried on many occasions too get the orders changed because it was clear that her ex was doing out of spite considering he just wanted her back according too his own mother.

    My partner and I have been together for nearly 5 years we in total have 5 children the 2 youngest ones are my but i love them all as if they were my own we both live under 300 km's away and my partner lives in department of housing house in a bad area surrounded be drugs and the house is a small 3 bedroom and i own a 4 bedroom house on a half an acre block so travelling with work and seeing my children has been really hard but still manageable.

    Last year during May my partner told her ex that we were moving and he bluntly refused from then until November he had started taking his son to more parties and lied telling my partner they were at the circus on one occasion and after that my partner refused to leave her son with him and told him to go see his solicitor.

    My partner moved in with me on Australia day took us months too move and the children started School here according too the Children they love it where previously they hated their old school and my step son would be continuously suspended from school and given poor marks on reports but now we just received the first term reports and he has a excellent report.

    On Easter Saturday my partner was issued with papers saying she has 7 days too return back to her previous residence or her ex will get full custody and a court hearing. Our children don't want to move back and the previous house is definitely not suitable for a family big family and they all miserable living their where here they are all happy. Even his son does not want to move and has told his father back. What can we do?
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    So you have current orders, correct? Do the orders stipulate anything about relocation, such as restricting the primary residential parent from moving over a certain distance from a postcode? Did the mother make a reasonable effort to discuss the relocation and educational arrangements with the father before moving? Is the move of such significance that it interferes with the father's ordered time with the child?

    I'm unsure about what 'papers' she would have been issued with - an application for a contravention order? A letter from a solicitor?

    In any case, she doesn't have to relocate on mere demand of the ex. It's a threat, not an order, but if he pursues proceedings, you will need to show why the move is in the best interests of the child and how you intend on facilitating time between the father and his son if the court were to order in your favour.

    Summarily, it's unlikely the father would win sole parental responsibility or residency if the routine has been to live with the mother, but as always, the court will assess what's in the best interests of the child according to Section 60CC of the Family Law Act 1975 and make orders accordingly. In relocation matters, you can also indicate how the move benefits you and by association, benefits the children.

    The details you have provided about the father going to parties and the like is fairly irrelevant to children's best interests in the eyes of the court. Drug use may have some weight, but if the child isn't at risk of harm, it's not going to receive a lot of weight. What you want to focus on isn't what a terrible parent the father is (as you have done above), but on how the mother will continue supporting the child's relationship with the father, despite the relocation. Basically, the court isn't concerned with what opinions the mother has about the father, only how the child's relationship with his parents will be facilitated.

    Hope this helps!
     

Share This Page

Loading...