QLD Legal Aid Representation for Uncooperative Mothers?

[AllForHer]

There is a template for the affidavit available on the Family Court website: Affidavit - Family Court of Australia

As for Annexures, each one needs to have a coversheet. I found a template here: Annexure coversheet - FED | Legal Guides for Lawyers

Re: the annexure coversheet, I suggest numbering them with the initials of the deponent and what number the annxeure is. Take deponent Jane Doe for example, who writes in her affidavit:

'A true and correct copy of the letter is attached hereto and marked 'JD1'.

On the Annexure sheet, Jane Doe would write:

This is the annexure marked with the letters 'JD1' referred to in the affidavit of Jane Doe affirmed before me this 1st day of January 2000.

Does that help?

 

[JadeGoldCoast]

Thanks AllForHer, I really like the initial idea so will amend our affidavit today.

So to clarify, there isn't a Federal Circuit Court coversheet for annexes that must be used? We are using the affidavit form from the Federal Circuit Court website, but I cannot find an annexure form.

If you have a look at the form below, you'll see the template doesn't include the 'signature of deponent' or 'signature of witness' for all middle pages. When I called the federal court they told me to make me own. I hope this makes sense.

Affidavit - Federal Circuit Court of Australia

 

[AllForHer]

Yes, I see. My apologies.

What you can do is insert a footer with two columns. On the left will be a line for the deponent to sign on, and underneath the line should be the word 'Deponent'. On the right should be another line for the solicitors signature, with the words 'Solicitor/Commissioner for Declarations/Justice of the Peace' underneath.

There is no annexure cover sheet that must be used, but they generally all follow the pattern provided above.

 

[JadeGoldCoast]

Ah thank you, that is exactly what I have done. Feeling a little less stressed now. Need this all completed by tomorrow so my partner can drive to Brisbane to submit.

 

[AllForHer]

Your partner should look into ComCourts. It's the online portal for such matters, and it will enable him to file online rather than having to go to the registry.

 

[JadeGoldCoast]

We are already signed up and using the portal, it's been extremely convenient! However it looks like this affidavit will be over 100 pages as there are a fair few annexures and some of them are quite lengthy (child support documents etc). I read that it the document is more than 100 pages then you cannot upload via the portal.

A quick question in regards to the paternal grandmother's affidavit. She's sent me a draft and I was wondering how much detail you think would be appropriate for her to state about the night in September when the mother took the child from her care?

She's copied and pasted a lot of her draft from her DVO affidavit. It was obviously more important to go into detail in her DVO affidavit, but I am concerned that too much info in her affidavit for my partner's case could be a waste of time? The courts can subpoena the police reports etc if they think appropriate.

I have cut a lot out but wondering if i'm on the right track.

Hard to give suggestions when you do not know all the details so this one might be a bit hard to answer.

 

[AllForHer]

I assume mum has raised her version of events from that night?

 

[JadeGoldCoast]

Repetitively. She states a few times that the paternal grandmother has assault charges pending on her etc. and a successful DVO. It is also stated in the notice of risk that the grandmother exposed the child to domestic violence etc. Both the DVO and assault charges have been dropped.

The police officer who had to interview the paternal grandmother in regards to the charges has actually suggested that the courts may wish to subpoena the evidence. Not only did the mother complain about the police on the night saying that my partner was drunk and on drugs when he arrived and they did nothing (not really likely, especially when a child is involved) she then filed an official complaint to have the police officer removed from the case stating the he and the paternal mother were 'friendly'.

We won't subpoena the records, but will wait and see what the ICL (that we hopefully get) thinks of the situation. The officer said it was clear to them that the mother had planned to come out to the property and take the child by force, and that it was the paternal grandmother who was attacked, not the mother.

 

[AllForHer]

Then yes, grandmother should provide her version of events, but stick to the facts. She should cover her version of what happened on the night in question, as well as the dates she was served with the DVO application, the Court mention and hearing dates, what happened at each, and also the course of events for the criminal charges, such as the date/s she was interviewed and/or charged, and the date that the criminal charges were discontinued. She doesn't need to provide details of what was said during her interview with police, just the date the interview took place and the date the charges were dropped.

 

[JadeGoldCoast]

Thanks again AllForHer. My partner's affidavit is all signed and was sent to the mother as registered next day delivery yesterday. The paternal grandmother has covered the above in her affidavit plus more details of the relationship she has had with the mother for the past 5 years. I didn't realise but she's actually been caring for the child with overnight stays since he was 10 months old. From when my partner broke up with the mother that turned into regular (at least fortnightly - sometimes more) overnight/multiple night stays to help support the mother.

I actually work with the paternal grandmother and was informed today that the mother (or I suspect the maternal grandmother) has called the hospital we work in and advised them that the paternal grandmother currently has a DVO on her and wanted to inform the hospital about 'the kind of person they are employing'. The mother just doesn't want to give up. More silly games coming up to the next hearing it seems.