NSW Interim Orders and Decision - Purpose of Affidavit?

Discussion in 'Family Law Forum' started by Louise too, 9 June 2019.

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  1. Louise too

    Louise too Well-Known Member

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    Can someone please help clarify.

    I just received draft applications financial statement and draft affidavit

    What is the purpose of the affidavit?

    How are interim orders decided if my ex and I can’t agree? I want orders in place as ex keeps changing arrangements on a weekly basis. And sometimes does not want to be primary Carer when she throws tantrum.

    I’m wanting 5 nights per fortnight every Thursday night. And Thursday to Monday every 2nd weekend so not ex contact as this as proven toxic in the past. Ex wants to leave as is every Friday to Sunday at 2 pm (when she is home and decides to have the kids).
     
  2. sammy01

    sammy01 Well-Known Member

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    Purpose of affidavit - basically for each person to give their version of the truth.

    Interim orders are based on best interest of the kids. You need to be in this for the long haul and based on previous posts you need to face the possibility of being granted primary care because mum has proven herself to be inconsistent. But how will interim orders be made if you can't agree? Look often the judge will order more mediation, so no interim decision made. Or Judge might decide that mediation is a waste of time and will make interim orders.

    How will he make that decision? God only knows. But what you're proposing seems reasonable especially with the merits of minimal changeovers. You pick up from school on Thursday and you drop off to school on Monday. Nice and easy. You plan has the merit of sharing some school time and providing equal weekend time... So I suppose in an ideal world judge will make a decision based on the merits of the arguments and according to the rules of law I reckon I'd be putting $20 down on your horse to win over hers.
     
  3. Louise too

    Louise too Well-Known Member

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    Only $20 haha
     
  4. Louise too

    Louise too Well-Known Member

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    So it's possible that the same arrangements could still be implemented (every Friday to Sunday 2 pm) knowing the 2 pm drop-offs are not working...? if so will it be court ordered so if she refuses kids she gets in trouble?

    And possible that judge orders mediation even when i have the cert l60?

    If ex is not agreeing to her having kids every 2nd weekend could judge just say that I have kids every weekend from the Friday to the Monday morning? when it will impact my work every Monday morning instead of my proposed every 2nd Monday morning drop off? Even though my boss starting to put heavys on me to work every 2nd Saturday?

    What I'm trying to ask is, does the judge consider work commitments?

    Is the purpose of the affidavit to warrant why I want care arrangements to change?
     
  5. Alert

    Alert Well-Known Member

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    Are you responding to an affidavit or are you filing the affidavit?
    Big difference.
     
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  6. Louise too

    Louise too Well-Known Member

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    I'm filing the affidavit.
     
  7. Alert

    Alert Well-Known Member

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    Did you say your solicitor has filed this already?
     
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  8. Alert

    Alert Well-Known Member

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    Anyway, the difference with the affidavit is where you put in what you wish, extra days, change days, etc. etc.

    The other party will receive this and respond to what you have written.

    If they don’t agree to everything this is when you/solicitor will explain to the judge why it’s needed.

    If you need this because of work commitments, and the other party is, say for example doesn’t have any work commitments I can’t see why you would not get what you have asked.

    If this is the only way for you and your child to see one another I wouldn’t be panicking.

    You need to earn money right. If this is what needs to be done I wouldn’t stress seriously I wouldn’t.
     
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  9. Louise too

    Louise too Well-Known Member

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    Not I just received the draft from my lawyer, I think I need to add more info in regarding the Sunday afternoon drop-offs how it is clearly not working. I am adding text messages etc from ex always amending drop off times last minute or not home on Sundays afternoons to collect kids. So at an interim hearing, the judge does not approve Sundays afternoons to keep going...
     
  10. Louise too

    Louise too Well-Known Member

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    That's the problem... I think she will all of a sudden say she has to work every weekend!!! which we know that is incorrect... There are Facebook posts and text messages saying that she goes away and regular at weekend races. And like I said my boss is starting to get annoyed as I have not worked weekend since we have separated cause I have kids every weekend.

    And I would like more 'block' time with the kids and I can't keep dropping them off on Sundays arvo as she is so unreliable and most of the time refuses them until the next day... which again my boss is starting to lose his patience.... just hope these interim orders will help cause this is crazy... We can't plan anything cause of one person... The ex!!!!!
     
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