NSW How to Best End a Family Court Case?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Lost221

Well-Known Member
20 October 2016
15
0
76
Long story.

Been in the system for almost 12 months and had child inclusive conference a few weeks ago. Both parents want to settle. They have decided to put their differences aside for the sake of their kids. Family court is on Wednesday.

The mother has a legal aid funded lawyer who wants it to continue for another 6 months. They basically offered the father a trial of unsupervised time (history of drugs and history of domestic violence with the mother).

Family consultant had no real issues and said that both parents agreed to shared parenting. The father wants it settled and done next week, as does the mother but her lawyer won't listen and is advising her against it because the judge will think she's a liar.

Both parties also don't want their medical/psych documents subpoenaed as they feel very upset about private and unrelated issues being put on the table.

Any help?

The father suggested meeting at court early on Wednesday to come up with consent orders to give the judge when they are called in.

What's the best course of action to have it done and finished on Wednesday?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
The mother's lawyer is still under her instruction, so if she says "Draw up consent orders", the lawyer says "Arial or Times New?"

(Usually Arial, 12pt if you're wondering).

The father's suggestion to meet early to discuss and sign consent orders is sound, and fairly standard practice. It's really just a matter of whether mum decides to go with what her lawyer wants or with what she wants.

In my experience, the Court wants parents to settle. There is awful lot they will overlook if it means they can get an agreement out of parents, because at a most basic level, Court proceedings of their own accord are never in the best interests of the child.

So, in my view, both parties should draw up consent orders, bring them to the Court to discuss and negotiate, settle on an outcome and file the consent orders with the Court to have the matter discontinued.
 

Lost221

Well-Known Member
20 October 2016
15
0
76
Are there any consequences for the mother if she discusses things with the father and his lawyer without hers present or if they advise her against it?

The case was turning ugly but they both want it finished.

Are things likely to be subpoenaed for more information/clarity before the judge agrees or could it all simply be approved on the day?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Consequences, no. Try and remember the lawyer works for her, not the other way around.

Are things likely to be subpoenaed, also no. The Court wants parents to reach agreement, so if the parents want out of a matter, it won't often stop them from agreeing and discontinuing proceedings.