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NSW Interim Family Law Hearing Affidavit

Discussion in 'Family Law Forum' started by nick1981, 3 April 2015.

  1. nick1981

    nick1981 Active Member

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    Hi. I have an interim hearing for a family law childrens parenting matter and on my last visit to court the judge asked to have affidavits filed a week before the interim hearing. As the date approaches, I'm not sure if I can simply amend my initial application with new relevant affidavit attached or if i have to fill out another set of separate forms and file that? Any ideas on the way to approach this hearing will be appreciated
     
  2. AllForHer

    AllForHer Well-Known Member

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    Do you already have interim orders? Is there an application in a case pending? Was there anything in particular the judge sought evidence for?
     
  3. nick1981

    nick1981 Active Member

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    hi ,thanks for your reply.
    i have interim orders in place, no application in a case pending and the only evidence the judge at this time is waiting on is a family report which i will attend to with a psychologist in a weeks time, apart from that just an update on supervised visits i have been having for the past six months which is the only interim arrangement thus far, i was also encouraged by the main supervisor at the visit centre just last week to consider a subpoena of their report for the upcoming hearing, the confusion i have is how to go about the affidavit filing which he is keen to see and also whether / how to include a subpoena of what is surely a very good report from the contact centre
     
  4. AllForHer

    AllForHer Well-Known Member

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    It's ordinarily a good idea to await the family report before writing your next affidavit because if the family report comes back with any problems, you can demonstrate with evidence how you are able, or have already, addressed these problems.

    I would file an affidavit supplementary to your initiating application before the interim hearing though, rather than amending your initiating application, because the judge will likely want to see what progress has been made toward fixing the issues. You can file an amended initiating application if you are seeking different orders to those sought initially, though obviously you would file a new affidavit with it, rather than changing the previous one.

    I have always viewed affidavits for interim proceedings to be a 'progress update' showing how you've started resolving problems. For example, if there's trouble with communication between you and your ex, and you've enrolled in a post-separation parenting course to help improve communication, you would provide this in an affidavit before the interim hearing.

    As always though, please get legal advice. Legal Aid offer free consultations and they are very helpful.
     
  5. AllForHer

    AllForHer Well-Known Member

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    The subpoena, I am unsure about, sorry. If it supports your case to move from supervised to unsupervised in the interim while awaiting final orders, then it might be worthwhile getting, but you can contact the family law registry and ask them about the filing procedure for the subpoena. They're very good for that sort of administrative information.
     
  6. nick1981

    nick1981 Active Member

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    thank you very much!
    i like the idea of just updating progress in which i would describe in my view how things have progressed, now to file an affidavit updating the progress since the last hearing is the unclear part, is there any particular forms or a special procedure to file this supplementary affidavit? in other words, how do i attach this and file it?
    the subpoena would definately support my case in progressing from supervised to unsupervised, i will call the registry as to the details of getting it done. thank you
     
  7. AllForHer

    AllForHer Well-Known Member

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    Just make sure you try and get legal advice before filing. What I've provided is personal experience, not legal advice. :)
     
  8. nick1981

    nick1981 Active Member

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    will do. thank you very much!
     

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