QLD Responding to Response Affidavit?

[SelfRepHelp]

Hi,

A new one.

So...my affidavit is in. It was down to the wire, and I realised I hadn't included some information I think would be helpful to give some more context about the best interests of the children.

Basically, how they are performing currently at school. They aren't happy or performing well. I have emails from each teacher saying so about performance. And the OP is trying to make out they are.

So my question is...can I upload another short affidavit on this subject? How do I get leave of the court? Can I upload it, and ask for leave of the court afterwards?

I'm hoping the Judge will order a Family Report or Child Wishes report, but have no idea if that sort of thing happens at the Final Hearing. However, given time and cost, I doubt. I think our judge is pretty straight down the line and stoic.

So I feel I need to rely on the affidavit evidence...

Thank you to everyone who has been replying. This forum has been a life saver!

 

[MartyK]

Wasn't the affidavit you just filed your trial affidavit? If it was, then seeking to file another is most definitely not a good idea.

 

[SelfRepHelp]

Yes it was. Why isn't it a good idea btw? I've realised it would help my case I think... Can't I request leave of the court? Obviously I don't want to get in trouble to hurt my case.

Or could I use the Schedule of Factual Issues

 

[AllForHer]

My view? File it as a supplementary affidavit with the relevant docs annexed, and let the Court decide if it will accept it into evidence. You can also cross-examine the other party on the school performance reports, as well.

 

[MartyK]

Yes it was. Why isn't it a good idea btw? I've realised it would help my case I think... Can't I request leave of the court? Obviously I don't want to get in trouble to hurt my case.

Because you would have received directions for trial, and, if I recall correctly from another post of yours, one included filing all of the material of which you intend to rely by a set date. You have only one day ago filed the trial affidavit and have 3 other affidavits on Court file.

Surely everything relevant must be covered? What purpose will it actually serve? Isn't the case only in relation to schooling?