NSW Subpoena Objection for Family Law Court

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Sally Bee

Member
22 May 2017
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My partner has an 8yr old son and has been battling his ex for the past 7 years that we have been together. His ex will not let go of their son and will butt in constantly when he is in our care. There are final Family Law Court orders in place. She now wants to challenge the Family Court Orders to change them because '"he isnt coping" and has no trouble with making things up to get legal aid on her side (saying her son isnt coping with being at our house etc etc). My belief is that her whole life is that little boy and she is getting scared/jealous that he enjoys being with us more and more and she feels she may lose him.
My partner and I have recently been served with copies of Subpoena's that have been sent to the Police and to the Family and Community Services looking for any information they can find to be able to start Family Court Proceedings again.
I am furious that she is able to invade my privacy without informing me of what the allegation is and why they are starting up Court Proceedings again.

My question is - Do I have a right to see the Affidavit her legal aid Solicitor would of produced to request these Subpoenas? Do I have a right to know whats going on?

My partner doesnt understand my feelings towards this and thinks if I have nothing to hide then it shouldnt be a problem. My view is, she doesnt have a right to Subpoena my personal information without:
#1 asking me first
#2 informing me of the allegation as to why these Subpoenas have been requested in the first place
 

AllForHer

Well-Known Member
23 July 2014
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684
2,894
Have you been served with anything? An initiating application, for example?
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
She doesn't need to write an affidavit for subpoenas.
The fact that you are involved with the child's father and therefore are around the child is enough grounds for them to check on you.

When you say 'take us back to court' was the case finalized? If it was you should or will have received an initiating application with an affidavit or maybe an application in a case.
As for the subpoenas, it's not you being subpoenaed so you can't object to the documents being produced. you can, however, object to the other party inspecting or copying them, with reason of course.