...or, to diminish the weight of your evidence and your credibility as a witness.
QLD Help with Self-Representing - Put on a New Affidavit?
- Thread starter SelfRepHelp
- Start date
...or, to diminish the weight of your evidence and your credibility as a witness.
Thank you everyone.
Everything I wrote in my original affidavits I still agree with.
Will the judge read all the affidavits? I just feel there are things out of date now. Much of the urgency for the interim hearing was that my son was entering Year 7 next year, and a decision needed to be made on his school or he'd lose his place. That time has passed. If agreed, he could enter later in the year the enrolments officer informed me. It is up to the discretion of the school apparently.
I was trying not to get into the the details but think I need to a bit.
- We have 50/50 care.
- When our children were born, we enroled them into school A (boys) and B (girls). I attended C, so my daughter is automatically in so there was no urgency to enrol her. (all private schools)
- They currently attend Z private school.
- We have jointly done everything to keep these enrolments. We've jointly paid between $1500 - $2500 for each school to hold or confirm enrolments.
- All last year we argued about which schools. Their father wanted them to attend A and B. I wanted A and C. Between Jan and July last year, that was the back and forth, over and over. Never over money, just over which schools.
- In July, we attended mediation. After 4 frustrating hours, we signed an agreement saying they stay at Z school until further agreement is made. And that our boy's enrolment at A be deferred, and our girl's enrolment at B and C continue.
- I then tried to organise child inclusive mediation. Their father refused saying their wishes weren't the issue. He thinks he knows best in everything.
- In August, their father sent me a message saying he would only agree to A and B, and only if I accepted a very low child support cap. Then it became only if I accepted $0 child support. Because he didn't want to be "bound by the vagaries of my lifestyle choices." I had a baby a year ago.
I've always worked. I run a busy house now. It's really hard work. I will go back to work, when the time is right.
- We continued the back and forth, and finally because of the urgency, our son was going to lose his place at A, I saw a lawyer and applied for an interim hearing. We secured a date in December.
- My application was for A and C schools and that I pay half.
- His response was that the children attend A and B, and I pay 100% of their fees.
- In December the judge wasn't prepared to do anything, and set a final date. Next month.
- I made an offer after the interim hearing saying I'd agree to A and B, and pay half. He and his lawyer didn't even respond.
- Last week he sent through a BCSA saying the children stay at Z, I get $0 child support, I pay half school fees and activities. And I pay ALL other things such as tutors.
I am still prepared to agree to A and B. My daughter would love to attend C, my old school, however knows that B is also a great school. So, though unhappy I believe she will be OK and accepts that B is better than staying at Z for her.
So I was considering making my final orders A and B. I thought this might show a willingness to compromise. Or is it a bad idea? Like I said, I don't believe a judge could choose which is "better" B or C. Also, A & B are next to each other from a travel perspective. (one of their father's original issues - travel) and Z is approximately $10k/year, while A,B & C are approximately $22-$25k/year.
My son wants to attend A also. His report card wasn't great before, another reason I want him to move. But this year, it's going to be worse by the sounds of it. I have received a message from every one of his teachers over the last 4 weeks saying he isn't focused, is falling behind on his assignments, isn't completing tasks on time, is being disruptive.
He lived in a state of uncertainty all last year. He had nightmares and would shout out. Even on his last day of Year 6 he couldn't tell people what school he was going to attend. Couldn't get excited about starting secondary school. It was heartbreaking. I think his behaviour at school now might be about what has happened. He's a pretty guarded boy. He's almost 11, so even though I try to minimise it, he sees what is happening. I am deeply concerned for him too.
And now my daughter is next in line. That is another reason I would like this to get resolved. So she doesn't have to go through what my son has. They're children. I want them to be children and not mixed up in this mess. It's not their fault we divorced.
Everything I wrote in my original affidavits I still agree with.
Will the judge read all the affidavits? I just feel there are things out of date now. Much of the urgency for the interim hearing was that my son was entering Year 7 next year, and a decision needed to be made on his school or he'd lose his place. That time has passed. If agreed, he could enter later in the year the enrolments officer informed me. It is up to the discretion of the school apparently.
I was trying not to get into the the details but think I need to a bit.
- We have 50/50 care.
- When our children were born, we enroled them into school A (boys) and B (girls). I attended C, so my daughter is automatically in so there was no urgency to enrol her. (all private schools)
- They currently attend Z private school.
- We have jointly done everything to keep these enrolments. We've jointly paid between $1500 - $2500 for each school to hold or confirm enrolments.
- All last year we argued about which schools. Their father wanted them to attend A and B. I wanted A and C. Between Jan and July last year, that was the back and forth, over and over. Never over money, just over which schools.
- In July, we attended mediation. After 4 frustrating hours, we signed an agreement saying they stay at Z school until further agreement is made. And that our boy's enrolment at A be deferred, and our girl's enrolment at B and C continue.
- I then tried to organise child inclusive mediation. Their father refused saying their wishes weren't the issue. He thinks he knows best in everything.
- In August, their father sent me a message saying he would only agree to A and B, and only if I accepted a very low child support cap. Then it became only if I accepted $0 child support. Because he didn't want to be "bound by the vagaries of my lifestyle choices." I had a baby a year ago.
I've always worked. I run a busy house now. It's really hard work. I will go back to work, when the time is right.
- We continued the back and forth, and finally because of the urgency, our son was going to lose his place at A, I saw a lawyer and applied for an interim hearing. We secured a date in December.
- My application was for A and C schools and that I pay half.
- His response was that the children attend A and B, and I pay 100% of their fees.
- In December the judge wasn't prepared to do anything, and set a final date. Next month.
- I made an offer after the interim hearing saying I'd agree to A and B, and pay half. He and his lawyer didn't even respond.
- Last week he sent through a BCSA saying the children stay at Z, I get $0 child support, I pay half school fees and activities. And I pay ALL other things such as tutors.
I am still prepared to agree to A and B. My daughter would love to attend C, my old school, however knows that B is also a great school. So, though unhappy I believe she will be OK and accepts that B is better than staying at Z for her.
So I was considering making my final orders A and B. I thought this might show a willingness to compromise. Or is it a bad idea? Like I said, I don't believe a judge could choose which is "better" B or C. Also, A & B are next to each other from a travel perspective. (one of their father's original issues - travel) and Z is approximately $10k/year, while A,B & C are approximately $22-$25k/year.
My son wants to attend A also. His report card wasn't great before, another reason I want him to move. But this year, it's going to be worse by the sounds of it. I have received a message from every one of his teachers over the last 4 weeks saying he isn't focused, is falling behind on his assignments, isn't completing tasks on time, is being disruptive.
He lived in a state of uncertainty all last year. He had nightmares and would shout out. Even on his last day of Year 6 he couldn't tell people what school he was going to attend. Couldn't get excited about starting secondary school. It was heartbreaking. I think his behaviour at school now might be about what has happened. He's a pretty guarded boy. He's almost 11, so even though I try to minimise it, he sees what is happening. I am deeply concerned for him too.
And now my daughter is next in line. That is another reason I would like this to get resolved. So she doesn't have to go through what my son has. They're children. I want them to be children and not mixed up in this mess. It's not their fault we divorced.
Make sure you register for the commonwealth courts portal and make use of the online chat for procedure based questions, I've found them to be incredibly valuable and helpful as a SRL.
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