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NSW Separation - Resubmit New Notice of Risk?

Discussion in 'Family Law Forum' started by DadonaMission, 9 August 2015.

  1. DadonaMission

    DadonaMission Well-Known Member

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    Hi,

    Since lodging the Notice of Risk empty a couple of months ago a few incidents have come about since the separation which cause me to have concerns for the children.

    Can I submit a new Notice of Risk form?

    Also in my Affidavit there are a few attachments (scanned) which aren't clear, can I resubmit those?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I wouldn't worry about another notice of risk form (the risk of which notice has been given doesn't just fade or go away after the first filing, after all), but I would file a supplementary affidavit in which you state the facts about the incidents that have caused you concern.

    Are the annexures readable?
     
  3. DadonaMission

    DadonaMission Well-Known Member

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    There are scanned pages evidence for example a card from an event this year where she hand wrote what an amazing father and husband I am. There is an important photo not clear
     
  4. DadonaMission

    DadonaMission Well-Known Member

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    Sorry but my original notice of risk contained nothing but hers did. My concerns now are her mental health in that her behaviour has not been in the best interests of the children since separation. She has quite a long history of depression and anxiety and overactive thyroid condition. I'm wondering whether it is worthwhile subpoenaing her medical records. She has subpoenaed nothing so what does that mean?
     
  5. AllForHer

    AllForHer Well-Known Member

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    Mate, you are focusing your case too much on your ex and not enough on your kids.

    I know it's extremely tempting, but don't fall into the trap of who-can-b***h-out-the-other-best. Parenting cases aren't mud-slinging matches, and to the contrary, parents who go down that path often find themselves losing residency and facing supervised visits long-term because going on a he-said-she-said rant just shows how completely oblivious a party might be to the impact conflict has on the kids and how little insight they have about the child's needs. In what world can the court regard either parent as capable of acting in the child's best interests if they can't even get past their conflict and hostility to communicate and recognise the child needs both parents to be happy?

    Don't do what your ex is doing. It's petty, and the court knows it. If she hasn't reported the allegations to the police, if there's no police records of the allegations, and if DOCS haven't been involved, the evidence is just he-said-she-said. Instead, show the court that you're a good dad. Show that you're committed to being a part of the kids' lives, that you're positioned to care for them as often as you're asking, that they have a positive relationship with you. Make the case for a post-separation parenting course to improve communication between you and the mother, respond to the allegations with your factual version of events, highlight that no other incidents have happened, argue that changeovers at school will minimise the risk of the kids being exposed to conflict.

    Don't underestimate the impact of a positive case, over a negative case. Parents who b***h out the other often find themselves on the losing end, so try not to be that guy.
     
  6. DadonaMission

    DadonaMission Well-Known Member

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    What a brilliant piece of advice. I just feel like I'm being attacked and have been as you put it earlier floundering round to defend myself. It does sound horrible to have been accused of child abuse but I'm not ashamed because I've done nothing wrong. Her story has too many holes to the logical mind. I won't sling back thanks to you.

    I'm worried about the interim hearing though that if she's believed and then I'll end up without much access till final hearing which it will have to get to if she sticks with her final orders.

    Anyway there will be independent children's lawyer and family consultant in between and I guess that will help before interim hearing.

    Well I thank you again.
     

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