WA No Resonse to Initiating Application - what happens

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GANDN2019

Active Member
9 June 2019
11
0
31
Hello,

quick breakdown:

Father filed initiating application inc. interim orders. no response was filed by respondent but did attend first hearing. First hearing been and gone and some visitation ordered.

Mother has breached orders, by not allowing the minimum visitation during interim orders - enforcement order has been applied for and the court date is in 5 weeks (the same date and time as the final hearing already allocated)

Interim orders also included the filing and serving of a response to the initiating application by 05/06/2019. This has still not been filed, let alone served. next court date is in 2 weeks (case assessment conference)

what happens if the respondent does not respond? Mother will 100% turn up to court, but with no final orders submitted, or evidence etc... will it just get adjourned? and what effect will this have on the final orders? i.e (will this have a negative effect on Mother for not obeying court orders)

can cost orders be applied for if it is adjourned due to Mothers unco-operation? and what can these orders cover? just legal fee's? or costs that have been incurred due to the prolonged court process and also private supervised visit fees father has been paying - due to false family violence accusations and false VRO (to be proven in court as false)
 

Hummingbird

Well-Known Member
1 August 2018
32
7
149
It doesn;t sound like the judge is going to really entertain much of anything she puts forward in court if she shows up for the day if she:

Ignores current court orders by not allowing visitaton
Failing to submit required documents by required dates
Submits no evidence to support any argument for her proposed custody arrangement

Make sure you continue to follow court directives, submit your evidence for if/when false allegations are brought up or concerns about violence are raised, but focus on the child and how you are the better parent. If she has nothing to prove her allegations the court will likely dismiss them out of hand and move on to the next item.