QLD Missed Response Deadlines Family Law Initiating Application Parenting And Property

Discussion in 'Family Law Forum' started by Worn down mum, 27 March 2018.

  1. Worn down mum

    Worn down mum Well-Known Member

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    Hi.

    I'm a 1st time forum user and would sincerely appreciate any help given. I am due to appear this Wednesday, tomorrow at the Federal Circuit Court for Parenting and Property Matters. I have not filed any response, so my most urgent question is, can I apply for an extension and if so, how do I do that? What happens in family court Wednesday when I have not filed any response?

    I am representing myself. Is there anything I can do to get more time?

    Overview:

    Separation date 12/03/2017 - opposing party took our then 6 & 4 years old children without my consent.

    Opposing party is asking for 50/50 week to week exchange arrangement. There has been a notice of risk for psychological abuse lodged against myself (which I can disprove) solely asking for control of where the children go to school from next year. I would be entitled to legal aid.

    Property pool has been omitted and poorly estimated and 1st contacted 07/04/17 demanding I vacate home with joint mortgage within 4 weeks. I alleged Domestic Violence May 2017, was granted 9 condition temp order. A 10 page affidavit was lodged by opposing party.

    I lodged a 199 page Annexed to N response with documents to support all allegations. There are 2 affidavits that are now lodged by opposing party which I think 90% can be discredited from bits of 199 response. DV Order was dismissed in Sept 17 as I missed court. I am drowning in paperwork. Two kids present trauma indicators that desperately need routine with both parents without risk. Opposing party still continues to involve kids in all aspects of separation. Worn down mum.

    Can anyone please tell me if I have any options or even just straight up if my situation is futile?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Your main question is whether you can get an extension for filing paperwork at your first hearing on Wednesday.

    You can ask the Court to adjourn the matter at the interim hearing, but it has the right to decline the request. It probably won't though, if you're waiting for a legal aid application to be processed.

    Word of guidance, a 199-page affidavit is absurd (and not that effective, I would say, since your DVO application was dismissed anyway - just because you're absent doesn't mean the Court won't make the order). This isn't a competition about who can bury who in the most mud. Cut it down to facts that are relevant to the issues in dispute.
     
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  3. Worn down mum

    Worn down mum Well-Known Member

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    Hi All for Her,

    Thanks for your reply.

    1st forum poster, so I appreciate your response and opinion.

    I was feeling lonely, but found the Bradbury Trophy Awarded lightened it up. I pushed myself to limits looking for a dog, ate my car excuse or any documents that might have helped me yesterday to at least discredit affidavits lodged. I had absolutely no idea what would happen behind the doors. Would interim orders just be ordered, would I be questioned or could I produce documents, etc?

    Being so overwhelmed by such hideous allegations lodged against and ignoring it to save what little sanity I had left, only made it a lot harder for me to try and prepare. I did find a couple of interesting reads way too late, but I would like to start by screaming.

    I am holding a gold medal Bradbury style. I am extremely thankful for the Honourable Judge who saw the lodgements for what they were, absurd. The matter was sent into the proper cue / court and the applicant had actually helped my children and shortened his own amount of time with children greatly. For at least the next eight months, they now have a routine of fortnightly weekends with applicant and shared holidays.

    The Honourable Judge spoke mostly to applicants representation and asked why such allegations and documents would be presented without any evidence, supporting documents or reports. I walked into this representing myself, knowing I had only truth and many unlodged documents on my side and only myself to blame. It was a huge victory for a very bullied mum and two innocent kids. I also think it was a huge victory for our legal system highlighting that just because applicants may have unlimited access to money, it cannot buy outcomes.

    I will be prepared for the next round.

    Regarding the DVO, I was granted a 10 condition temp order that also named the children, lodging a page of the alleged abuse rushed needing an order that day and not lodging enough supporting documents. I know the DV Courts are stretched and did not want the Honourable Magistrate take a chance with so many conditions issued, only to be presented a 16pg affidavit of lies by with expensive representation and have the Honourable Magistrate look at me the way he did.

    He was presented an argument that was believable enough to look like I had used his court for personal gain, he removed 9 conditions instantly. Psychological, financial, isolation and property control is extremely hard to prove. It was traumatic, but I wanted Honourable Magistrate to know, he had made a just decision. I agree 199pg is huge, but it was necessary and each annexure summarised within first 2 - 8 pages, with all supporting documents attached solely to give the option, to read entire documents.

    My 1st lodgement was a train wreak and I was kindly granted amendment lodge, but my ex texted me that he wasn't contesting and I received no reply from his representation before my lodgement deadline. Had another extension granted so, I needed to it to be perfect, but trauma/life lead me to miss pre-hearing where respondent had already two weeks prior, in period where I was told he was not contesting, Lodged a notice to dismiss. I was told to start a new application. I did not have the strength to look at documents again and never reapplied.

    Lesson learned from Honourable Magistrate so poetic... If I believed and trusted respondent, why apply for order. Anyway, thank you so much for your reply.

    I'm not sure if I'm meant to put, I'm not a lawyer disclaimer, but I think my last statement would possibly suffice clearly, I am not. ;)
     
  4. thatbloke

    thatbloke Well-Known Member

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    I was a Mackenzie's friend for someone during the hearing about a month ago and the 99 page affidavit was filed 2 days before the hearing by the other side.

    Not only did the judge say he was going to totally ignore the affidavit, he also said that if the person that prepared it was a lawyer they have absolutely no chance of any career as a lawyer lasting because they produced such a piece of nonsense.

    199 Pages is beyond a joke.
     
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  5. Complex16

    Complex16 Well-Known Member

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    Calm down. SRL do the best they can without having a full knowledge of how the courts work. Not always possible to take days off from work to sit on a courtroom to glean how it all works.
     
  6. Worn down mum

    Worn down mum Well-Known Member

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    Hi That Bloke,

    Thanks for your reply and opinion. You highlighted a great point for me. As my user name suggests, I'm just tired. For DV, I apologise, to be technically correct, my affidavit was 9pages long, not 199. My supporting documents made up the rest. I annexured them all so within the first 2 pages for ease of reference it should have been enough to support my allegations.

    Whilst you still may think it was too much, one DV eg: I alleged financial abuse, bank statements supported my claims, but I did not think a random pg 1 of 10, then next dated statement pg3 of 13 etc was sufficient. So, in that annexure 1st pages indexed pages and highlighted the transactions in question. I attached after the entire statements in case the Honourable Magistrate did want to read the entire document.

    That bloke, if you still think I did the wrong thing, all I can say is, thank you for your time and your opinion, both sincerely appreciated. If we were all the same, the world would be a boring place. I hope everyone is having an awesome Easter.
     
  7. Worn down mum

    Worn down mum Well-Known Member

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    Hi Complex 16,

    Thank you for your reply, due to costs involved, I've read a lot more people are opting to do this. You are most certainly correct, no matter how hard anyone tries, the clock will not except excuses and keeps ticking. I did not take my choice lightly to SRL. I bought a $40 printer, been through approx 20xl cartridges and dedicated nights to reading entire Family Law Act 1975 + amendments. I then realised, Federal Circuit Court has it's own.

    I humbly say, reading most definitely can never equate to a fully qualified lawyer, solicitor, barrister or QC. Sometimes, things aren't black and white, my situation falls in the grey. Just because I can read, I would like to say, I fully respect that does not constitute me as any form of expert. It solely allowed me, to not be bullied by a qualified lawyer.

    Thank you Complex 16, your comment was really appreciated.
     
  8. thatbloke

    thatbloke Well-Known Member

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    Can i ask? How is a bank statement going to prove financial abuse? Not having a go, just interested on your angle for argument. A statement is just a list of transactions.....IMO 190 pages of annexure is still way over the top but its just my opinion :)

    Was there actually a DVO/AVO made? If not, you are going to have a hard time trying to introduce one by stealth and if you already had/have one on place then you dont really need anything other than the copy of the DVO/AVO. Choose your arguments carefully because even rock solid AVO/DVO's can be worthless when it comes to deciding how much time is spent by which parent with each child.
     
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  9. Worn down mum

    Worn down mum Well-Known Member

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    Hi That Bloke,

    You asked a few questions that were / are very relevant. 1st, there was a DVO 10 condition temporary order issued. My ex had stated via text he was not contesting. Communication to his lawyer, left unanswered. I missed the 1st date it went back to court, thinking I had to only turn up to the hearing a week later.

    I am not chasing a new DVO. It was traumatic initially and once done, I never wanted to revisit it again. DVO lists financial hardship as a form of abuse, RE: Bank Statements. I presented them as documentation that there was a pattern of controlling behaviour. We had joint account which all money went into. When we disagreed, ex would transfer all money into his own account for which I had no access.

    For years, I had been left stranded at servo's, shops etc unable to pay even though, before I had left house, I checked the joint account. This caused me great anxiety. The last time police attended our house, the officers clearly explained that financial hardship did constitute DV, yet, the following day the ex left and transferred over $60K from mortgage, leaving me cashless. I hope that may explain why I included bank statements. There was a long history of psychological abuse, which is near impossible to prove. I did not take lodging for a DVO lightly nor was I trying to use it as a tool for a better settlement for me.

    Assets can be re-bought, but damage to young children who are being involved in what I call, Adult Business, is far harder to undo. I mentioned DVO order I sought, solely because what was lodged to cue jump appropriate channels, had everything I needed to disprove the unfounded affidavits that were lodged. I realise 199pg was over the top, but, did make it easy to read important supporting documents and as such, I had everything necessary to discredit all ex's and witnesses statements that were lodged in February.

    The Honourable Judge threw out all of their applications before even addressing me.

    I hope my reply explained why I referred to my DV application, it was merely for documents relevant to their lodged application.

    DV and Family Violence is still occurring and I have no interest in reapplying or to use it against ex. I just want our kids kept out of adult business.

    Thanks for your reply That Bloke. I'll be posting a question re above sentence when kids are asleep, for now it's bike ride time.

    Thanks again, all time and :)opinions appreciated.
     
  10. Jenifer Williams

    Jenifer Williams Active Member

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    Yes I agree with you, you should do that.
     
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