NSW Subpoena Criminal Record?

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AllForHer

Well-Known Member
23 July 2014
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Good, an application in a case will usually be heard ahead of the next mention. It'll give you an opportunity to get interim orders in place so that you can spend some time, at least, with the child.

Don't place too much weight on the child being 'settled'. Being settled has limited applicability if it means having next to no contact with a parent. The court considers the relationship between parent and child of utmost importance - more important than 'being settled' when you didn't consent to the relocation. Have a read of this case: Attrill & Lippman [2015] FCCA 551 (20 March 2015). It's not a relocation case, but it does give an idea of how petty the argument of 'settlement' and 'routine' is when the child's relationship with a parent is at risk.
 

Steve1905

Well-Known Member
21 November 2014
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Sydney
The application in a case only brought the hearing forward 6 days. They said and I quote "Wanting to see your child is not a good enough reason"

The question I now have is since all 3 sealed copies of the application in a case were sent back to me with the new court date does this have to be served on my ex?
I only ask as the court did not keep a copy for themselves as the application was rejected but also has a new date of hearing on it.
 

AllForHer

Well-Known Member
23 July 2014
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682
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It's safest to serve, just in case.

In relation to the statement about wanting to see your child, practice framing your statements in such a way that it's about the child's best interests. For example, rather than saying, "I want to see my child", say instead "It's in my child's best interests to spend time with me as not doing so will limit their ability to enjoy and benefit from having a meaningful relationship with me as their father".

Does that make sense? Surprisingly, it does take practice to speak on the right terms for court because it is impossible to comprehend why a parent should even have to argue why their own child should have a relationship with them. Hopefully, we will see reform in this area some time soon. America has made huge steps on the direction of a 50/50 presumption of care time, so hopefully, Australia won't be far behind. :(