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NSW Submit New Information in Family Court Matter?

Discussion in 'Family Law Forum' started by needhelp, 20 June 2015.

  1. needhelp

    needhelp Active Member

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    Hello all,
    I have an upcoming court date and have just lost my Legal Aid due to starting work. In a nutshell, my ex and I have a hostile separation and she had excluded me from the kids lives for over 6 months till interim orders were made in the family court, the judge also ordered we attend property mediation which we have done and made a settlement yet to be submitted to the judge.

    The interim orders made by the judge gave me the visitation I asked for but with supervision due to my ex getting a DVO ( domestic violence order) without omission and he stated he was airing on the side of caution and found no evidence of family violence.

    My question is - I would like to submit extremely abusive test messages to form an argument to get the supervised visitation dropped and I wonder the best way to get that info to the judge when we go back on the 6th of July which I think is for the judge to rubber stamp property and to see how we are progressing, both her and her lawyer are trying to crush me but if I can get these texts to him I feel I stand a better chance.

    Oh and how she has consistently broken court orders.
     
  2. AllForHer

    AllForHer Well-Known Member

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    The best way to try and get away from supervised time spent with arrangements is to file for an Application in a Case, seeking new or amended interim orders. This will require a further affidavit, but I don't see how abusive texts from the ex will help you have supervised arrangements changed.

    Instead, what the court will want to see is evidence from the contact centre or the supervising body that the children have shown no fear or anxiety when in your care and there have been no incidents to speak of. You can request a report from the supervising body to annex to your affidavit for this purpose.

    Bear in mind that the court is right to err on the side of caution in interim orders for two reasons - first, because allegations remain unsubstantiated until the evidence is tested (they simply don't want to make a mistake even once that risks a child's life), and second, because it protects the parent in question from further false allegations being made against them by the other party. Try not to let this kill your spirit too much - the judge is protecting both you and the child from the other party's allegations, and if they are false, they will be uncovered in cross-examination, which will only strengthen your case in finality.

    In relation to the text messages, they may be better used to show the mother doesn't support the relationship between you and the kids as part of your final orders. A party who shows a pattern of denigration all the time will have the judge wondering if they also denigrate the other party to the kids, which is never in their best interests. If the other party's allegations of abuse are found to be false, that will also support your argument that the mother doesn't support the relationship between you and the kids.

    Of course, get legal advice, though. These matters are always delicate, and better assessed by someone who knows the judge and your story.
     
  3. needhelp

    needhelp Active Member

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    Would you have more advice on how best to submit a new affidavit?
     

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