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NSW Previous Affidavit Used in Interim Hearing - Thoughts?

Discussion in 'Family Law Forum' started by Tuchuzy, 9 July 2015.

  1. Tuchuzy

    Tuchuzy Well-Known Member

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    Hi There,

    I received new material for a final Hearing in a couple of weeks.

    The father has referred to a previous affadavit from 2013 where I stated words like:

    I am willing and able or care for the children on a full time basis.

    At the time I was told that this was standard wording for primary caregiver where the children live with me and spend time with the father ( custody of children). This wording is not in consent orders or judgement but on supporting affidavit for a Response that was submitted to court in Jan 2013.

    The subsequent consent order has been revised since to alter some details about changeovers, etc.

    The father is now saying that these words means I should be a full time stay at home mother and that affidavit means I am not able to work in any capacity outside the home. Therefore by working I am in beach of the consent order.

    Any thoughts?

    I say that I cannot be in breach because it is not in the orders. And a lack of child support means that I need to work to support my children.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I wouldn't give this too much weight. The court recognises that circumstances change, even from commencement of proceedings to final hearing, and more importantly, you have a right to work that no court can intervene on. Just be clear and honest in your own affidavit about your circumstances and how the kids will be cared for while you're at work.
     
  3. Tuchuzy

    Tuchuzy Well-Known Member

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    Thanks heaps!

    As always you are awesome.

    I have been clear and open always about how, where and when they are cared for. And even who looks after them against a detailed (day by day) calendar. The addresses of schools, daycare, name of carers and even qualifications of carers.

    Probably more detail than I need to give.

    *mind at ease now* :)
     
  4. AllForHer

    AllForHer Well-Known Member

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    No worries, glad to have helped.
     

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