SA needing advice. set for trial. federal circuit court mid next year.

Discussion in 'Family Law Forum' started by gunners, 4 December 2019.

  1. gunners

    gunners Active Member

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    current interim orders and brief summary

    1 child.

    50/50 split of time.
    equal and shared parential responsibility.
    drop off at each others residence.

    that's basically it besides denigration and accident reporting etc. The other party commenced legal proceedings.

    Now i'm having to self represent due to a family assessment report that was made in which the writer misrepresented me, left key details of what I had brought up out, talked to the other parent about what we discussed as the writer put the other parties opinions on such in the report and sided with the other parties purposal without questioning their ability to even facilitate it. If I was given the same opportunities as the other parent I could have pointed such issues out.

    Later on it has proved to be false all together as the purposal was never going to be the other parents intentions. The other parent re partnered and was living at the new partners address for about 6 months before the FAR. No mention was made of this. This person has children and likely to have orders / parenting plans of their own and the location of their living area is close to an hour way from her purposed schools, family etc to get the report on their side.

    So I highly doubt if the other parent moved that far away and their new partner will have children settled in school etc, that they would be up rooting there lives (or even be able too).

    My legal aid was stopped after the report, and unfortunately i'm caught in a position in which as far as I understand I can't challenge the report until trial. so stuck.

    Just to add. No violence. both of us don't like each other. No communication besides our book which only ever states" slept well, ate well" for like the past 2 years and even at the time of the FAR and based on what the other parent specified as their living area and purposal for schools etc was an hour way from each other. The new address is even further away, just outside of the city we live in. Massive distance issues.

    Now to the issue I'm stuck on ( besides everything as legal help lines either don't help at all or give conflicting advice) is that our child is due to start pre school next year and our trial isn't until like 4 months after that and from what the judge said it may not even take place at that time.

    I tried communicating with their legal rep. Was willing to even reduce my time by a day overall to facilitate the kindy that the other parent wanted which is surposedly the feeder pre school to the nominated school by them in the FAR, which has an annoying structure of odd days instead of together in a row.

    They never responded.

    So I filed an applicant in a case and affidavit seeking to be able to place her in a preschool and have a slight adjustments in our arrangements to keep the same 7/14 nights per fortnight in place. It was due to be heard at the same time as our last directions hearing pre-trial.

    Since locating a preschool in the area i specified in the application, I held off completely enrolling, just getting our child's name down and holding a place, not wanting to risk acting out of orders until it was heard.

    3 weeks prior to that hearing date, the other party enrolled our child in a kindy, near their new partners address, which once again is far away from their specified living area and totally different to which they stated to me a month earlier while trying to come to a compromise. Never informed me of it until after our child started, and even then wouldn't tell me the location. Even her legal rep won't answer back when I enquire. I had to email a random kindy to find out the place and location.

    So now come the directions hearing where this was to be heard, we went through trial prep etc and come the conclusion of that court was dismissed and the judge left. Never allowed it to be brought up.

    I was left confused, asked the judges associates about it, who seemed to not be sure what I was talking about but found the application in their paperwork and told me that I will be emailed back about it.

    2 days later I got an email, and the judge basically just added to the orders that this application will be heard at trial.

    Now i'm not sure what to do. Pre-school starts before that trial date, on top of which the other side has enrolled our child and witholding the information without consultation plus the DECD state only one school can claim funding.

    I appreciate any help that can be provided.

    thanks
     
  2. CSFLW

    CSFLW Well-Known Member
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    Hi gunners

    You raise some complex issues, but:

    1. Does the other parent have an application to relocate?
    2. What do the current orders say in terms of contact with the child/ren — is it 50/50?
    3. If you disagree with the FAR, have you filed a subpoena to get the writer to come to trial to be cross examined?
     
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  3. gunners

    gunners Active Member

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    hey. thanks for getting in touch

    1. the other parent maintains her original address still, not the one with a partner. despite the obviousness.
    2. its 50 /50. we have a 4/3 structure that flips weekly. that plus equal and shared parential responsibility. pritty much it. was made quickly in chambers right at the start of proceedings.
    3. no subpoena but the FAR writer has been ordered by the judge to appear at trial with the applicant to arrange
     
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