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. Alert

    Alert Well-Known Member

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    Keep all your messages for proof, this will show you have been trying to do communicate and work out the arrangements.

    I would definitely put everything in your affidavit. I personally believe the Judge will agree with, what is not working out for you and your child to spend quality time together.

    If things need to be changed for you and your child to be spend quality time together, I can’t see why this would be rejected.

    Don’t forget anything to put in the affidavit and keep your messages.
     
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  2. Louise too

    Louise too Well-Known Member

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    Thank you heaps for your reply. Do I include a letter from my boss stating I need to work every 2nd weekend, as she will be claiming she 'has' to work...

    How could I get around this...

    I have heaps of text messages which I will include...
     
  3. Alert

    Alert Well-Known Member

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    The judge may know the mother doesn’t work from previous court appearances.

    You mentioned Facebook posts, keep them as proof.

    If she does say she works ask for evidence of this.

    You have thought of everything she may say, so it’s all good.
     
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  4. Alert

    Alert Well-Known Member

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    Yes definitely include the letter from your boss. Your are on top of this.
     
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  5. Louise too

    Louise too Well-Known Member

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    OK, thank you so I bring this to the interim hearing with me? Is that right?
     
  6. Alert

    Alert Well-Known Member

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    You don’t need to get around anything, you will have the proof from your boss, I would demand to see her proof also.
     
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  7. Alert

    Alert Well-Known Member

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    100% spot on.
     
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  8. Louise too

    Louise too Well-Known Member

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    OK, thank you for your time... I will work on this weekend and send to lawyer
     
  9. Alert

    Alert Well-Known Member

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    All good.

    You are on track, I suggest you go over the next draft after your solicitor makes changes to the one you have now.

    If you can print out the txt messages that would be useful, your solicitor can add this to your affidavit, Annexed 1,2, etc, that way they won’t be dismissed at court.

    Add bosses letter in the affidavit also, what you want to use for evidence needs to be in your affidavit or the Judge won’t use them as evidence

    To get the outcome you want don’t forget anything.

    You’ve got this.
    If you come across any dramas let me know.

    Cheers
     
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  10. Alert

    Alert Well-Known Member

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    Put in your affidavit you want to spend quality time with your child and the arrangements in place now does not give your child and yourself to spend quality time together.
    You could also mention in the mornings you spend ?hrs, in the afternoon you spend ?hrs.
    Your solicitor will know how to word this for you.
    I recommend you read the draft/affidavit after your solicitor is finished, if your not happy with it, make changes.
    You’ll be fine.
    I feel what you are asking shows how committed you are towards your child.
     
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