VIC Is it a contempt of court that op did not send copy of her documents to me prior the family report?

[Muxaul]

Prior to attending family report, each party must send a copy of all documents that provided to report writer to the other party.

However my ex, who’s self representing like me, did not do that.

Only after I received the report, and the report writer wrote that she has reviewed a Police statement made by op, in preparing the report, that I realized that the ex had secretly submitted this documents and i entered interview without knowing this behavior nor what was in the statement .

is her conduct a contempt of court?

 

[sammy01]

Maybe - I don't much like my advice...
Family law is full of dirty tactics. So you can try and make a big deal of this and kick and scream. But I don't think that is a good idea.

The report exists. The family report writers are at the forefront of this stuff. They've seen every dirty tactic more than once. A police statement? big deal. No charges? Just a statement? Mate I'm hoping family reprt writer will see this dirty tactic for what it is... Meanwhile - You're probably better off not knowing about it at the time because it might have changed the way you approached the report. Let her use the dirty tactics. Let her prove to the world that you're this and that... But your job is to prove to the world that you're a good dad. Focus on that alone... That is the only battle worth fighting.

 

[Atticus]

is her conduct a contempt of court?

Probably is (unless she misunderstood, wasn't fully aware of rules etc) , BUT, consequences for contempt of court are only considered & dished out for a flagrant disregard of a court ORDER..

This is just a procedural matter

 

[Muxaul]

If ex refuses to send me a copy of document that she provided to the family report writer, It’d be deliberately putting the other party in a disadvantaged court proceeding wouldn’t it? to this day I still don’t know what’s on her statement.

would it reasonable to ask court for a cost order for that particular family report or ask her to fully fund for another report or put this conduct together with her many other conduct on repeatedly not fully and frankly disclose other asked documents and seek cost order of total legal cost?

 

[Atticus]

You should have an opportunity to ask the report writer what the statement was if it concerns you...

would it reasonable to ask court for a cost order for that particular family report or ask her to fully fund for another report or put this conduct together with her many other conduct on repeatedly not fully and frankly disclose other asked documents and seek cost order of total legal cost?

couple of points... You can only seek a costs order if the case goes to judgment...... Being a self rep, you have no legal costs to claim... Your own time, research, travel etc does not qualify as a legal cost

 

[Muxaul]

You should have an opportunity to ask the report writer what the statement was if it concerns you...



couple of points... You can only seek a costs order if the case goes to judgment...... Being a self rep, you have no legal costs to claim... Your own time, research, travel etc does not qualify as a legal cost

Thanks mate. I had a lawyer before and I have got an order that “the cost is saved”. So if my matter goes to trail I hope to seek cost order for my existing legal cost.

 

[Atticus]

Assuming you mean some kind of 'save as to costs' offer?

Not sure that would hold up if subsequent negotiations didn't involve that legal representation. Dunno .....Other obvious point is that in order to file for costs, you need to win..... Then, in considering a costs application there are a whole range of circumstances that a judge has to take into account & weigh up... Not least of which is how a an order for costs may affect the person, & or a child

 

[Muxaul]

Assuming you mean some kind of 'save as to costs' offer?

Not sure that would hold up if subsequent negotiations didn't involve that legal representation. Dunno .....Other obvious point is that in order to file for costs, you need to win..... Then, in considering a costs application there are a whole range of circumstances that a judge has to take into account & weigh up... Not least of which is how a an order for costs may affect the person, & or a child

My then barrister explained to me that “cost is saved” means the op can be order to pay legal cost incurred so far even if I self rep in further.

Are you suggesting that if the other party’s numerous false allegations and false denies that relate to the case are busted, numbers conduct that show disrespect to the court procedure, failure to full and frank disclosure in a timely manner are found, but if op cry poor and claims that it would detriment life quality of the child, the Judge would less likely to order cost?

 

[sammy01]

The police statement is now. The $$ you blew on solicitors is way back then... You want her to pay costs for her behavour now because you spent money BEFORE?

I'd be waiting until you get the family report before considering your next step. All the stuff you mentioned before about false allegations etc etc will be enough to hopefully get the judge to see the ex as having no credibility. That helps you. What is more important gettting a good result in court? or see the ex gettng punished?

Note - I never said what is more important. You winning... WHY? nobody wins ever. All you get in family law is degrees of losing.

so yes you can apply for a cost order when it is all done and dusted - Your chances? not good.

 

[Atticus]

Are you suggesting that if the other party’s numerous false allegations and false denies that relate to the case are busted, numbers conduct that show disrespect to the court procedure, failure to full and frank disclosure in a timely manner are found, but if op cry poor and claims that it would detriment life quality of the child, the Judge would less likely to order cost?

Almost... She would need to do more than just 'cry poor'.... BUT, taking into consideration her financial circumstances & the affect of such a costs order is number one on the list of considerations that a judge MUST take into account