Sammy01 - I wrote an epic reply to answer further some of your post, but the 10minute edit limit kicked in and deleted the whole lot. I will retype this and post again shortly.
NSW Raising a question of changing orders with the judge?
- Thread starter Been2Trial
- Start date
My view is that it's not worth pursuing. You could try writing to the judge's associate and asking if it can be changed under the slip rule, but if they refuse, then you are better off just taking it on the chin. By the time you go to mediation, file an application and get in front of the judge again, that six-month period will likely have passed anyway, and the Court won't be pleased about wasting very precious time and resources on a) something that is relatively minor and b) something that is temporary.
Sammy01 - In answer to your question, I have lost my train of thought from my previous deleted reply, so here is a condensed version...
You asked, "do I think its a slip rule candidate"?
Well, I must admit, I have a hard time justifying it as that... its hardly a minor typo, its a full overnight missing... It's more like a major omission...
But...
Do I think its possible that the judge has, under the mountains of cases, paperwork and other trials and judgments he is delivering managed to miss this detail in his process? Yes, its definitely possible.
Do I think that these "new upcoming" orders as they currently stand are in the best interests of our child? No, absolutely not.
Do I think now looking back on the grounds for appeal and specifically relating to this point there might be a case? Maybe...
"Within 28 days of the Orders being made, the appellant must file a Notice of Appeal.
A Notice of Appeal must include:
a. Notification as to whether all or part of the orders are being appealed;
b. The grounds upon which it is claimed that the decision is wrong;
c. The Orders sought in substitution."
But the 28 day window is long past now.
Is there any other way to bring this to the attention of the judge and request review without it becoming a full court event?
It's a given that the mother would object to the change, if she had her way I would never have seen my child again and this attitude very much went against her at trial.
I would completely accept the judges response either way, I just think it might need to be re-confirmed in some sense?
You asked, "do I think its a slip rule candidate"?
Well, I must admit, I have a hard time justifying it as that... its hardly a minor typo, its a full overnight missing... It's more like a major omission...
But...
Do I think its possible that the judge has, under the mountains of cases, paperwork and other trials and judgments he is delivering managed to miss this detail in his process? Yes, its definitely possible.
Do I think that these "new upcoming" orders as they currently stand are in the best interests of our child? No, absolutely not.
Do I think now looking back on the grounds for appeal and specifically relating to this point there might be a case? Maybe...
"Within 28 days of the Orders being made, the appellant must file a Notice of Appeal.
A Notice of Appeal must include:
a. Notification as to whether all or part of the orders are being appealed;
b. The grounds upon which it is claimed that the decision is wrong;
c. The Orders sought in substitution."
But the 28 day window is long past now.
Is there any other way to bring this to the attention of the judge and request review without it becoming a full court event?
It's a given that the mother would object to the change, if she had her way I would never have seen my child again and this attitude very much went against her at trial.
I would completely accept the judges response either way, I just think it might need to be re-confirmed in some sense?
Yeh, that was basically my thoughts on it too... write to the judges associate, ask for the change and outline the reasons why and accept the answer one way or another. I would not bother filing application again, the time would have expired for the most part and I'm not looking to get into another showdown with the courts or my ex - just hoping there is a quick and easy way to "attempt" to address this...
OK So I think we're on the same page, could someone help me with how to write an appropriate letter for the judges associate? I'm not sure what I should include or what I should omit... don't want to come across as pushy or out of line. Should I outline my reasons for why I think this may be an error or not in the best interests of our child?
Kind of have one shot at it and want to get it right....
Thanks again for every ones input so far, much appreciated!
And are there any further provisions for more time? Is there an "or as agreed by the parents in writing" order? Are you at least on emailing terms with your ex?
This is the danger of not speaking up or coming to consent orders, it is taken out of your hands. I am almost certain the judge full well knew what he was writing up. one night each week goes to two night per fortnight. Its been done lots of times before.
Sorry confused myself.
So lets pretend the judge made an error - not just a typo (slip rule)... Then you should have appealed within 28 days. You didn't.... So lets move on.
You don't think the slip rule applies... Neither do I... So i dont think that is an avenue worth chasing.
Just gonna have to wear this one me thinks
So lets pretend the judge made an error - not just a typo (slip rule)... Then you should have appealed within 28 days. You didn't.... So lets move on.
You don't think the slip rule applies... Neither do I... So i dont think that is an avenue worth chasing.
Just gonna have to wear this one me thinks
Yep, I can agree with that too... reluctantly, but it is what it is! Thanks for the input everyone, its helpful to see it from third party perspective 