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NSW Urgent Family Court Application

Discussion in 'Family Law Forum' started by Steve1905, 26 May 2015.

  1. Steve1905

    Steve1905 Well-Known Member

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    Hi All,
    I am representing myself and have my 1st family court date in August. I thought I would be given an urgent hearing as I haven't seen my son since Christmas. I have grave concerns for the children in her custody and expressed this in the Notice of Abuse form.

    The court registrar said she couldn't give an urgent hearing because apparently I need a letter to accompany my affidavit stating the need for urgency and reasons why. I thought the reasons in the Notice of abuse were clear enough. My ex has now moved 4 hours away without my consent and she has broken all ties with her and my family. I found a recovery orders kit for solicitors on line which helped me draft my letter but I am not sure how to address it. I have written to whom it may concern but it seems too informal for court.

    Doing this myself is taking longer than with a solicitor and I want everything to be perfect for my son's sake so I have a couple of questions to go with this:

    What is the correct way to address the court through a letter?
    Can this letter be put forward after the initiating application and affidavit have already been filed?
    How soon would an Ex Parte hearing happen if the Urgent application is successful?
    Can you add to an Affidavit or does a new one need to be filed each time? I say this as new events happen that need noting between filing the original and the court hearing.

    Thank you in advance. Your replies are more than appreciated.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Just to clarify, you're looking to write a letter seeking a more urgent hearing based on concerns of abuse, is that right?

    If this is the case, even urgent hearings can take about eight weeks, so I'm not sure if they would bring your hearing date forward at all, given that it's in August. Is the August date a final hearing, or another hearing for directions?
     
  3. Steve1905

    Steve1905 Well-Known Member

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    Yes there are big concerns for their safety and well being. Not just from me but her own family, including her father. I outlined this in the notice of abuse form but apparently without a letter requesting an urgent hearing it falls on deaf ears. I am also asking for relocation orders as I recently discovered I have 3 months to have a relocation order in otherwise the children are considered settled. I wasn't aware of this and almost 2 months have gone by.
    I have put in for interim and final orders for the initial hearing in August.
     
  4. Dws1974

    Dws1974 Active Member

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    File a child at risk form as well. ASAP
     

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