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QLD Last Day of 5 Day Family Law Court Trial - Legal Aid?

Discussion in 'Family Law Forum' started by NeverEverGiveUp, 13 February 2015.

  1. NeverEverGiveUp

    NeverEverGiveUp Well-Known Member

    13 February 2015
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    I'm self-acting, last day tomorrow!

    I'm the mother and the father refuses property settlement, and he has no money now due to the lawyers costs he's spent it on over past 3 years we have been doing this for. There is an Independent Children's Lawyer (ICL) (he got a barrister for trial) father also has barrister.

    I'm on my own not even a support person in there. The father's family sit in back of the courtroom glaring at me. I have to cross-examine and well you imagine I'm doing terrible and tomorrow the real possibility I lose my 3 children to the father whom has put so much money in he can't possibly lose anyway, the system simply couldn't justify it.

    Does anybody know what could be said or a rule or act that will allow me to revisit the case without an appeal or how I might be able to get judge to adjourn till my legal aid is approved ? Anything to stall his verdict till next week?? Help please any suggestions that could work are welcomed?!!?
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  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    A five-day trial is a very long time for any parenting matter to be heard. Would I be right in saying someone in these proceedings - be it the family consultant, the ICL, the father, yourself or the Judge - is concerned for the child's welfare in some way?

    You might be able to seek an adjournment on grounds that you are currently seeking legal representation. Most courts tolerate self-represented litigants, but they don't often like them, so you may find the court would prefer that you have representation.

    Another reason for seeking an adjournment might be that you wish to negotiate further with the other party to reach an outcome, but the chances of success are dependent on the facts of the case. I suppose the judge would have to believe that you might actually reach an outcome if he allowed the adjournment.

    I very strongly advise speaking to a solicitor as soon as possible. An initial consultation ordinarily costs around $330, but that should be all you need to find out what options you have. If you can't get an appointment today, there should be a duty solicitor available for you to speak to at the court tomorrow.

    Hope this helps.
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