WA Stepping away from legal proceedings

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


9 February 2020
HI, i need to know my options

I'm half way through court proceedings but no closer to settling or resolving the dispute of parenting orders. I have no financial backing, have recently moved jobs so can't get a personal loan and have sold all the small assets I have.
I have decided to walk away from the financial settlement of the marital home and investment property. I can no longer involve lawyers due to outstanding debts and do not want to incur any more. I have never missed a child support payment. I am employed but work FIFO.
At this point, my Ex has made some threats about further legal responsibility and denies me regular visitation of my kids. She is turning the kids against me and using the legal system to drag out the court proceedings. She has insisted on supervision for all visits which is complicated for my partner who works full-time hours.

What happens if I can't attend the court dates? Am I still responsible for the the court costs? How do I stop it from going ahead? My Ex has everything she wanted ... all the assets and control over the kids.

I just want to see my kids when I'm home and move on from her and her drama.


Well-Known Member
28 August 2018
Well I guess if you outright walk away, orders will be made in your absence and you won't have any opportunity to make your claims. I've never tried so I can't say how difficult or easy it is, but you could always try to self-represent? That's what I would do. I wouldn't just walk away from the fight for access to my children no matter what.


Well-Known Member
27 September 2015
I reckon you could offer consent orders. Basically agree to her stuff and try to negotiate some time around the kids in holidays etc...
two thoughts-
1. Sadly, if the ex is intent on refusing to facilitate a relationship there isn't much you can do. The system is slow and kinda useless against someone intent on screwing you over.... So you could keep fighting - get court orders, only to see her not follow them and then you're back in court.... I'm not liking any of what I'm typing... But it is accurate in some instances.
2. Give up. Stop the fight...Throw in the towel. Zen buddah karma and all that... See my thinking here is when you give up fighting then the war is over.... She just might loosen up the reigns a bit eventually. So my ex did all she could to stop me seeing the kids. To be fair, I was seeing them regularily. But there were fights, she had been invited to a party with the kids, so wouldn't let me have them. I'd kick and scream - didn't stop her.... THEN I just thought fcvuk it. Can't win, stop screaming and kicking. Let it go... All of a sudden she was asking me if I'd like to have the kids a little bit more here and there.


Well-Known Member
6 February 2019
HI, i need to know my options
Regarding property proceedings are you the applicant or respondent?..

Be aware that if you are the applicant & you file a notice of discontinuance, the respondent can apply for a costs order within 28 fays of the filing... So not a good option..

I have decided to walk away from the financial settlement of the marital home and investment property
I like Sammy's idea of applying for consent orders (for property).... Include in it that you are letting her have the house & all assets.... The Court registrar will send it back because it's not just & equitable.. The reality check will hopefully make her realize that she will have to actually negotiate a reasonable settlement..


Well-Known Member
30 November 2019
I would also switch to self-rep as GlassHalfFull suggested. If you can't attend in person at court, I *think* (not sure) you can attend via telephone, especially if you have a legitimate reason e.g. FIFO work. I think sammy01 and Atticus also have some good advice there.