WA Lodgement of final orders

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Hoang Trang

Well-Known Member
22 July 2016
151
14
414
Hi guys so ex and I have agreed on consent orders. At our last court hearing we gave her our MOCO. Besides amending a few pick up times everything is agreed upon. Her lawyer has requested we send her a hard copy so that the times came be changed and the orders can then be executed.
Now I have spent $20k in lawyer fees already and they now want another $3k before they will send the hard copy over to the other party. I have discussed with my ex and we agree to lodge the final orders ourselves to save cost. I'm aware both parties need their lawyers to give legal advice before signing. Other then that there is no need for additional legal fees? If
Anyone can advise how to proceed?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Parenting or property?
 

AusyDad.

Member
20 July 2017
3
0
1
49
Melbourne
Hi guys so ex and I have agreed on consent orders. At our last court hearing we gave her our MOCO. Besides amending a few pick up times everything is agreed upon. Her lawyer has requested we send her a hard copy so that the times came be changed and the orders can then be executed.
Now I have spent $20k in lawyer fees already and they now want another $3k before they will send the hard copy over to the other party. I have discussed with my ex and we agree to lodge the final orders ourselves to save cost. I'm aware both parties need their lawyers to give legal advice before signing. Other then that there is no need for additional legal fees? If
Anyone can advise how to proceed?
 

AusyDad.

Member
20 July 2017
3
0
1
49
Melbourne
Hi all- new to this forum . But searching for ideas , concepts and guidance . Two-heads-better-than-one concept.
I'm a father of 2 kids, seperated from defacto for 3.5 yrs . For the most part all decisions & care are amicable and shared . Great access& relationship with my boys . However All is never as it seems . I'm permitant Ky employed , kids settled & growing fast . But me ex " had a notion of relocating interstate ( without my consent) & taking our kids . Obviously this is a drastic & mis guided idea. But ...that's her. we failed at dispute res" ( I won't give up my access - live my kids too much & she won't Change her ultimate goal ...regardless of " best interests" for our kids.On..it..goes!!!have researched initial lawyers/ steps to consent orders/ recovery orders etc. I am fast becoming a DIY lawyer( no choice) as I do not have the funds . Life's has many financial commitments ...keeping head above water..can't afford lawyer ..but trying to learn how to DIY on tight budget & it's also time consuming as I already gave a kid & kids to live for . It's tuff .
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
so solicitor has written the consent orders... They want to be paid for them before they will release them.... Man I wish I could charge like they do.. Pay the money.

Hoang - Don't do it - the scariest thing about what you wrote "I have discussed with my ex and we agree" HELL NO don't risk it... WARNING WARNING. Mate you have spend $20 000, what is $3000 more... but more importantly - do not trust the ex. Hypothetically, you agree, withdraw the court case, discussed with wifey, gonna lodge final orders yourselves to save a little bit of $$$$ great idea, after all we both agree - DONT DO IT... What if you sack solicitor etc etc and all of a sudden ex wifey changes her mind, wants you to agree to tweak the orders this way or that and all of a sudden the $20 000 you've already blown is gone and it is back to the drawing board...

Mate I sat down with the ex, wrote up consent orders, we even had a hug and said how nice it was that we worked it out by ourselves. She then went back to her solicitor and said I agreed to this this and this.. ALL true, but she forgot to mention that she agreed to more time with the kids. It was all a bung fight, made things worse and cost me more money in the long run... IN CASE I HAVE NOT MENTIONED IT... WARNING WARNING DON'T DO IT
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So, you can file parenting orders without needing legal advice, meaning you and your ex can just fill out a minute of consent orders and file it yourselves.

But should you? In an ideal world, people can pay their demons to rest when they say they have laid them to rest, but that's not always the case.

From memory, your ex has been difficult to work with, and I am inclined to agree with @sammy01 that the risk doesn't go away until you've got a sealed set of orders in your hand. What happens if you dismiss your lawyer, write up identical consent orders, and she backpedals? If the peace is currently kept enough to get consent orders on paper, I wouldn't change the operating environment just yet. Maybe ask your ex to go halves in the cost, if she's feeling so amicable, but otherwise, you might be better off just paying the funds and eliminating the risk.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Hi all- new to this forum . But searching for ideas , concepts and guidance . Two-heads-better-than-one concept.

You need to start your own thread so people can respond to your specific queries. A thread hijack confuses people. 'Tis a trap for beginners, one I've made before, but don't feel bad just start your own thread.