NSW Notice of Risk accusations

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boboza

Active Member
25 July 2019
8
0
31
Hi, I’v recently came out of a duty list hearing, both parties had to file a notice of risk, mine said no to everything but my ex partner has said yes that the child is at risk of serious psychological harm if she spends time with me and has gone onto make crazy accusations in the notice of risk, the outcome on both notice of risks were considered and then closed, does this mean that the Judge didn’t take into account the accusations or? The next hearing is a directions hearing and then hopefully an interim hearing will be after that, just really wanting to know if the judge wasn’t too worried if they both were considered and then closed on the first court date, thanks
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
Are the accusations also in the affidavit that accompanied the application?
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Sound like you're reading the "Considered" and "Closed" straight off the court portal.

I just went and checked mine and that is what mine says also.

I don't know for sure but closing that matter would indicate that no immediate intervention from child safety or no immediate recovery orders needs to be made. The judge would have read both notice of risks and the affidavits and decided that no immediate action needs to be taken. They are smart people and have seen every trick in the book twice. They know when one person Is telling lies.

I wouldn't worry about it being closed. You both might be given directions to go away and do parenting/communication classes at your directions hearing.

Be sure to nail your Interim Hearing as you will be stuck with the Orders that are handed down for a looooooong time.

Keep your affidavits factual and only include stuff you can prove. Don't get into a mud slinging fight with them.
 

boboza

Active Member
25 July 2019
8
0
31
Yes, that’s where I got it from the com courts portal, that’s great if that’s what it means and yes this whole process is already taking a long time, I started this process last year in September, first I had to get the other party to do a mediation which she refused and then I tried again to start the court process but then she decided to do the mediation, so she took her time in setting a date with that, the whole mediation from start to finish took 6 months, I then filed for court in May, we had our first court appearance on Monday, we asked the judge for a child inclusive conference, which may of been a mistake as I have not been allowed to see my 8 year old daughter for 5 months now, so I’m guessing she will be weird about spending time with me because of the gap, we go to our directions hearing at the end of November, I just want to be able to spend time with my daughter that’s all I want, my affidavit is honest and Iv admitted to my mistakes, her’s is just mud throwing towards me and my family and of how “perfect” she thinks she is, I just need to get interim orders in place because at the moment I have nothing so definitely looking forward to that part
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Sound like you're on the right track.

Stay positive and don't do anything stupid

With the limited information you have provided here I can't see any reason why you won't get some time awarded to you soon.

Good luck.
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
Dont quote me on it, but it appears the notice of risk is a stock standard part of applying for court. Don't worry, all parents will sling s**t on eachother in them and they of course look and sound devastating to a fresh on the scene applicant.

Keep in mind all these allegations need to be tested in court before they will be accepted and for what it's worth, I think you will actually look better to a judge for not using the opportunity to sling s**t on your ex straight up.

The parent who shows the least conflict and willingness to work positively for the child will benefit greatly.

The biggest concern I have for you is the time it has been since seeing your daughter.

Your ex has the status quo in her favour well and truly now and you will be fighting for a 50/50 custody arrangement now, because the status quo has now demonstrated that the child has so far been safe and well living with her mother and this will likely stand through the interim orders until final orders are made after evidence is tested.

You do have the age of your daughter in your favour for a 50/50 outcome though, which may be implemented sooner rather than later.

My 2c... do not do ANYTHING that can be viewed as conflicting or uncooperative with the other parent. Someone will articulate this better, but you need to be sweet as pie until final orders are made. Go buy yourself a bottle of vaseline and get ready to take it from behind with an albeit fake smile on your face for the foreseeable future, because you need to prove that you are not parents in a high conflict relationship and that you can cooperate and communicate to a level that satisfies a judge that 50/50 care arrangement is feasible.

Provided there are no other issues in play, you should be enjoying the time with your daughter again on a 50% basis again soon.

You need to play the long game here...
 
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boboza

Active Member
25 July 2019
8
0
31
Sound like you're on the right track.

Stay positive and don't do anything stupid

With the limited information you have provided here I can't see any reason why you won't get some time awarded to you soon.

Good luck.
Thanks heaps
 

boboza

Active Member
25 July 2019
8
0
31
Dont quote me on it, but it appears the notice of risk is a stock standard part of applying for court. Don't worry, all parents will sling s**t on eachother in them and they of course look and sound devastating to a fresh on the scene applicant.

Keep in mind all these allegations need to be tested in court before they will be accepted and for what it's worth, I think you will actually look better to a judge for not using the opportunity to sling s**t on your ex straight up.

The parent who shows the least conflict and willingness to work positively for the child will benefit greatly.

The biggest concern I have for you is the time it has been since seeing your daughter.

Your ex has the status quo in her favour well and truly now and you will be fighting for a 50/50 custody arrangement now, because the status quo has now demonstrated that the child has so far been safe and well living with her mother and this will likely stand through the interim orders until final orders are made after evidence is tested.

You do have the age of your daughter in your favour for a 50/50 outcome though, which may be implemented sooner rather than later.

My 2c... do not do ANYTHING that can be viewed as conflicting or uncooperative with the other parent. Someone will articulate this better, but you need to be sweet as pie until final orders are made. Go buy yourself a bottle of vaseline and get ready to take it from behind with an albeit fake smile on your face for the foreseeable future, because you need to prove that you are not parents in a high conflict relationship and that you can cooperate and communicate to a level that satisfies a judge that 50/50 care arrangement is feasible.

Provided there are no other issues in play, you should be enjoying the time with your daughter again on a 50% basis again soon.

You need to play the long game here...
Thanks heaps, I hope it all works out, everything everyone has said is making me feel more positive