Hi,
Bit of back story:
Was with my ex for 5 years and had a child together in 2017. Having multiple break ups and reconciling, our relationship officially ended in Feb 2020 after he physically assaulted me. This was all caught on voice recording and he was told at the time it was being recorded. I used the voice recording for evidence with the police and he is currently being charged with Domestic Violence. After our break up, my eyes have been opened to the DV that systematically happened during our relationship, noticing now that I was very much in the cycle of abuse.
We had come together and decided on a parenting plan for our daughter and during his first scheduled visit, he went against the agreement that she would go to her daycare to allow me for pick-up. When this was mentioned to him, he threatened to take off with her interstate. This ordeal was enough for me to decide that I need a formalized court order in place and he needs to be held legally accountable if he breaks the orders in future. I approached him to make the parenting plan we had in place into consent orders with the additional clauses that: our daughter may only be taken interstate during scheduled holiday visits, all other times require my permission. And that whomever she is with, that parent must stay under the legal alcohol limit of 0.05 at all times - this was mentioned as previously when she was away with him, she split head open and her grandmother had to bring her to the hospital as her father was over the legal limit and "all his friends had just got there". Her father is 36 years of age. I wouldn't ask him to do something I wasn't prepared to do myself - therefore this applies to both of us.
As you could imagine, getting to sign the documents were a difficult task however thing became more difficult when asked if there was family violence within our situation. I answered yes. He answered yes. The registrar got back to us saying we both needed to complete a notice of risk (etc) and submit an affidavit. I was prepared to do this. He wasn't. I told him if he sincerely believes that he was subjected to family violence, he should submit his affidavit and evidence and I will do that same. He then refused to sign the paperwork etc... Later on, changing his mind and changing his answer indicating he had not been subjected to family violence.
Today, the registrar has reviewed the application and ordered that
1. He needs to complete a notice of risk and an affidavit.
2. We both need to submit an affidavit as to explain how the existing orders reflect the abuse allegations made in my affidavit and how it is in the best interest of the child that these orders are processed, as they believed the existing orders were "deficient" based on the allegations of family violence.
3. Make amendments to the Terms of Settlement pertaining to referencing, wording etc.
After seeing the order, I received a phone call from him saying he wasn't going to sign anything and that he wished I just "stayed quiet" about everything. Again, the call was recorded.
My questions:
1. If he doesn't submit what is requested - will consent orders still go ahead, will the courts make their own decision regarding the orders or will I need to submit an entirely new application for orders?
2. When making amendments to the Terms of Settlement, the court references "the Applicant must file executed amended Terms of Settlement that reflect the notations herein."
What are executed amended Terms of Settlement? Can I simply change the wording and initial to the change and submit? Or does it need to be re-signed by the Respondent?
Obviously my biggest issue is getting him to sign....
Bit of back story:
Was with my ex for 5 years and had a child together in 2017. Having multiple break ups and reconciling, our relationship officially ended in Feb 2020 after he physically assaulted me. This was all caught on voice recording and he was told at the time it was being recorded. I used the voice recording for evidence with the police and he is currently being charged with Domestic Violence. After our break up, my eyes have been opened to the DV that systematically happened during our relationship, noticing now that I was very much in the cycle of abuse.
We had come together and decided on a parenting plan for our daughter and during his first scheduled visit, he went against the agreement that she would go to her daycare to allow me for pick-up. When this was mentioned to him, he threatened to take off with her interstate. This ordeal was enough for me to decide that I need a formalized court order in place and he needs to be held legally accountable if he breaks the orders in future. I approached him to make the parenting plan we had in place into consent orders with the additional clauses that: our daughter may only be taken interstate during scheduled holiday visits, all other times require my permission. And that whomever she is with, that parent must stay under the legal alcohol limit of 0.05 at all times - this was mentioned as previously when she was away with him, she split head open and her grandmother had to bring her to the hospital as her father was over the legal limit and "all his friends had just got there". Her father is 36 years of age. I wouldn't ask him to do something I wasn't prepared to do myself - therefore this applies to both of us.
As you could imagine, getting to sign the documents were a difficult task however thing became more difficult when asked if there was family violence within our situation. I answered yes. He answered yes. The registrar got back to us saying we both needed to complete a notice of risk (etc) and submit an affidavit. I was prepared to do this. He wasn't. I told him if he sincerely believes that he was subjected to family violence, he should submit his affidavit and evidence and I will do that same. He then refused to sign the paperwork etc... Later on, changing his mind and changing his answer indicating he had not been subjected to family violence.
Today, the registrar has reviewed the application and ordered that
1. He needs to complete a notice of risk and an affidavit.
2. We both need to submit an affidavit as to explain how the existing orders reflect the abuse allegations made in my affidavit and how it is in the best interest of the child that these orders are processed, as they believed the existing orders were "deficient" based on the allegations of family violence.
3. Make amendments to the Terms of Settlement pertaining to referencing, wording etc.
After seeing the order, I received a phone call from him saying he wasn't going to sign anything and that he wished I just "stayed quiet" about everything. Again, the call was recorded.
My questions:
1. If he doesn't submit what is requested - will consent orders still go ahead, will the courts make their own decision regarding the orders or will I need to submit an entirely new application for orders?
2. When making amendments to the Terms of Settlement, the court references "the Applicant must file executed amended Terms of Settlement that reflect the notations herein."
What are executed amended Terms of Settlement? Can I simply change the wording and initial to the change and submit? Or does it need to be re-signed by the Respondent?
Obviously my biggest issue is getting him to sign....
