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NSW Property Settlement Before Finalisation of Custody of Children Hearing?

Discussion in 'Family Law Forum' started by paulfromaus, 19 March 2016.

  1. paulfromaus

    paulfromaus Active Member

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    My friend's ex-partner is trying to have a property settlement before the custody of children battle is finalised. At the moment, she has full custody of the four children and has had full custody for approximately nine months.

    Some months back a judge dismissed a settlement attempt, saying that the custody hearing had to be finished before settlement could be considered. The custody hearing continues in about a month.

    J's ex-partner has a lawyer who delivered to J' a document of intention to settle. J' is not in any position to hire a lawyer.

    I would assume that the judge will delay the settlement until after the custody hearing is finished. However, it is quite worrying that J's ex-partner has hired a lawyer to proceed with settlement.,

    What is your experience with something like this? Given that J' can't hire a lawyer, what should he say to the judge?

    Thank you for your help.

    P, on behalf of J and his four children.
     
  2. sammy01

    sammy01 Well-Known Member

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    Ok, look I don't think it is anything to worry about. If anything, it shows that maybe the mum is getting anxious about how this is gonna pan out.

    You could consider writing back to the solicitor to explain that you're not prepared to discuss property until after the children's matter is resolved and make an offer to resolve the kids issues. But reading between the lines, the ex has been difficult. Might be better off leaving it alone until after the kids stuff is sorted.

    Judges like keeping kids and assets separate because kids can sometimes get used as collateral.

    Just out of interest, can you explain where you're up to with the children's stuff. How much time is dad hoping to get? And why didn't the court make interim orders last time it was in court?
     
    paulfromaus likes this.
  3. paulfromaus

    paulfromaus Active Member

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    Hi Sammy.

    The matter is extremely complicated and goes back four years when the mum cleared out and dissapeared with the four children for nine months! A terribly stressful time for J' to be in. There have been actions in the magistrates court from both sides, and now hopefully the custody hearing will finish in about a month. J' wants to have full custody. At the moment mum has full custody.
     
  4. sammy01

    sammy01 Well-Known Member

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    So he hasn't seen his kids in 4 yrs? Wow. Please let us know how that pans out.

    Look I'd be reading between the lines that mum has worked out that custody is gonna change to at least shared care and with it the dynamics of the asset division, so she is trying to get it sorted while she can still claim primary care status. The other thing is that no doubt she has run up quite a legal bill and is looking for some cash to keep the case going.

    Just madness, but that is what the family law system relies upon...
     

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