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WA Unfinished Conciliation Conference - Can Ex Take Me to Family Court?

Discussion in 'Family Law Forum' started by Kaye Crawford, 6 May 2016.

  1. Kaye Crawford

    Kaye Crawford Active Member

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    My ex and I have just had a session at Conciliation conference and although we came to some agreements we did not manage to complete everything in the session and we have been ordered back in August to complete negotiations.

    My ex has, this week, sent me a letter from his lawyer saying that if I do not attend to the matters we agreed asap he will initiate family court proceedings. I replied to his lawyer saying that nothing had been written in the consent of minutes and that we were in the middle of discussions.

    My question is, can my ex take me to family court because I have not completed our agreement in the conference? There were also a couple of points written down by the registrar that weren't as we had agreed and I was hoping to discuss these further at the next meeting.

    Thanks for your time and help.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Can he take you to court? Yes, he can.
     
  3. Kaye Crawford

    Kaye Crawford Active Member

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    But with consent of minutes being prepared and signed how can he when notes from meeting cannot be used in court?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Any agreement from mediation is not legally binding, so he can pursue orders through the court to override the parenting plan if he wishes. In most cases, this happens because one of the parents doesn't agree the parenting plan is in the best interests of the kids.
     
  5. Kaye Crawford

    Kaye Crawford Active Member

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    This is in relation to property only, but we will fight it out in court now I suppose. He was always hotheaded and impatient. Thanks for your help.
     
  6. sammy01

    sammy01 Well-Known Member

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    So help us out - what are the points of disagreement?

    So hypothetically - it is about kids. You won't let him see the kids unless he agrees to your proposal, or you're only gonna agree for him to see the kids on alternate weekends, or what ever. He thinks you're proposal stinks and doesn't wanna wait until August because that is 3 months away and he has figured that it is unlikely that an agreement will happen, so rather that sit on his hands for 3 months for a net result of zero he'd rather go to court because he figures he'll get a better result there....

    Now that is just a hypothetical. Might have nothing to do with your case. So please give us some details around, the dispute and the good folk here will be able to provide you with more detailed opinions
     
  7. Kaye Crawford

    Kaye Crawford Active Member

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    It's about property. No kids. He's living in a house which is in my name which was extended radically. He wants 35% of sale which I agreed to but we ran out of time to decide how and what to sell for. The registrar said we should go back in August to discuss further. So we are in the middle of discussions. Ex said he would prepare consent of minutes but now won't. I just don't understand how he can initiate court proceedings when we are in the middle of discussion.
     
  8. Kaye Crawford

    Kaye Crawford Active Member

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    And he's living in the house paying $150 a week whilst I am paying rent. I had to leave the house because of his alcoholic abuse every night.
     
  9. AllForHer

    AllForHer Well-Known Member

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    The same goes for property. He can initiate proceedings if he wishes. That doesn't mean negotiation is off the table. To the contrary, it often motivates it because the cost goes up exponentially if you have to go all the way to trial.
     
    Kaye Crawford likes this.
  10. Kaye Crawford

    Kaye Crawford Active Member

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    Ok. Thanks for that. I will wait to hear from his lawyer.
     

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