NSW Make Note of Dismissed Notice of Child Abuse in Affidavit?

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RosieR

Active Member
12 July 2015
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Background Info...

In December 2016, my ex and I appeared before a judge regarding an application for contravention which I had lodged. I was successful in determining that my ex breached the orders.

In between time (and in retaliation), my ex lodged a new initiating application along with a (false) notice of child abuse and interim orders to match. This 'urgent' application by my ex was also heard at the same time as my contravention.

The judge heard the so-called evidence regarding the need to change our current orders and in doing so, dismissed the notice of child abuse and dismissed the request for interim orders.

At this point, I hadn't had the opportunity to respond to my ex's Initiating Application and I sought an adjournment. The matter goes for a directions hearing on 8 February.

I am lodging my response and affidavit on Wednesday 25 Jan but wanted to ask...

Question ...

Do I need to make a note in my response / affidavit that the notice of child abuse and interim orders are dismissed (and in doing so, refer to paragraphs in my ex's affidavit that relate to the notice of child abuse)?
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Yes to your question. It would be a very good idea.

Make sure you include the date that the contravention application was made and heard. The contemporaneous application of the father. The Judge who heard them both and the outcome (of both).
 
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