NSW Unfavorable Final Orders - Can They be Appealed?

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Been2Trial

Well-Known Member
12 July 2017
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As the title says, been waiting forever to get these final orders - finally got them today and to say I am living a nightmare right now would be an understatement.

My proposed minute of orders were fairly in line with the ICL, which stepped up time to a 50/50 physical custody arrangement when our daughter started school.

The mothers proposed minute of orders were significantly far away from what myself and the ICL had proposed, to the point where no one in a million years would have inagined they would have even been entertained. Well.. it seems they have been :(

The orders have in a sense stepped backwards in time and culminate in basically an every other weekend Saturday to Monday morning arrangement.

There are detailed reasons for judgement of course, but they are heavily bias and ultra conservative to put it best.

I understand that for appeal there must be some kind of legal grounds for that, but the ultra conservative and in some instances, assumptions of fact that the judge makes (eg. that the orders are suitable as the mother "says" she intends to live with her parents until our child is of school age - which she may or may not... ) have left me in a position of the real minimum end of "meaningful/substantial/significant time" on a long term basis and what one could view as even a decrease in time I currently have (which is one overnight a week and two 9-3 days).

Sorry if this comes across a bit ranty/over excited, I've literally only received the orders this morning and I'm just absolutely flawed.
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
I might also add that the independent expert recommended a regime that the ICL and my counsel followed in forming our proposed orders... the judge seems to have disagreed with the Independent Expert and ICL in many many areas... a bit stunned and lost right now :(
 

Clancy

Well-Known Member
6 April 2016
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2,289
This is the kind of thing that makes me wonder if gay marriage is not such a bad thing? Because if a same sex couple walks into a court over custody, the Judge is suddenly going to be totally confused and lost as to what to do because there is no man to automatically screw over in favor of a woman! He is actually going to have to 'think' about what he is doing, heaven forbid!!!
 

okanynameyouwishthen

Well-Known Member
12 February 2015
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Clancy, coming from someone who's been accused before of possibly inventing the artform of the random and thoroughly ill-timed, yet completely harmless action of typing out unfiltered, unbroken link, brain to typing finger (if you are a multi-finger-typer...well, no need to rub it in now!), personal offerings to the greater group of fellow forumers, that I assure you my friend I am hugely appreciative of this absolute ripsnorter snap in time peek into the inner workings of your bonce. Shot coffee out of a nostril which is usually an accurate gauge personally.

Oh lordy I bet there'll be some outglamming going on in chambers starting with the capes and hair accesories
 

Lennon

Well-Known Member
11 September 2014
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This is the kind of thing that makes me wonder if gay marriage is not such a bad thing? Because if a same sex couple walks into a court over custody, the Judge is suddenly going to be totally confused and lost as to what to do because there is no man to automatically screw over in favor of a woman! He is actually going to have to 'think' about what he is doing, heaven forbid!!!

No need to conflate the issues of gay marriage with parenting issues. Gay marriage has nothing to do with a same-sex couple's ability to have children, there have already been many same-sex parents involved in custody disputes before the courts.
 

Clancy

Well-Known Member
6 April 2016
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No need to conflate the issues of gay marriage with parenting issues. Gay marriage has nothing to do with a same-sex couple's ability to have children, there have already been many same-sex parents involved in custody disputes before the courts.

People cannot seam to read my post. For those who need hand holding let me explain my point is strictly about lazy judges who are just going through the motions doing what they are used to doing dealing with men and women instead of giving proper attention to the details of the case, and how same sex couples would actually force them out of that comfort zone they are stuck in.
 

Lennon

Well-Known Member
11 September 2014
270
36
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People cannot seam to read my post. For those who need hand holding let me explain my point is strictly about lazy judges who are just going through the motions doing what they are used to doing dealing with men and women instead of giving proper attention to the details of the case, and how same sex couples would actually force them out of that comfort zone they are stuck in.

And you can't seem to read my post. There are already same sex couples involved in parenting matters. Has that changed how judges approach things?
 

Clancy

Well-Known Member
6 April 2016
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And you can't seem to read my post. There are already same sex couples involved in parenting matters. Has that changed how judges approach things?

And what percentage of the total number of judges do you think encountered such a case so far? Early days so far..... long ways to go.
 

Lennon

Well-Known Member
11 September 2014
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And what percentage of the total number of judges do you think encountered such a case so far? Early days so far..... long ways to go.

There is no reason why those numbers will change with same sex marriage - because same sex marriage will not change the ability of same sex couples to have or adopt children. That's my only point.
 

Lennon

Well-Known Member
11 September 2014
270
36
719
My ex is asking for orders that I see my kids twice a year for a total of 24 days, with no right to communicate with them other than one set hour a week.

Ask me after my final hearing in December whether all Judges are biased towards mothers or not, I'll let you know then.