SA Visitation Rights - Other Party Failed to Respond to Court Orders?

[IDS]

Hi all,

Just a quick question - my partner has filed for court orders for visitation rights, etc. The papers (I think an Affidavit and court orders) were successfully served with plenty of time to make a response.

The other party has not been able to respond by the due date for a number of reasons/excuses. They are still required to attend mediation before the next court hearing. Will the failure to respond have an effect on the next hearing or work in my partner's favour at all?

The other party recently told my partner that they will give up custody of children and agree to visitation rights. Is this considered consent enough to place orders or would the court dismiss it and follow the usual proceedings?

 

[AllForHer]

The failure to respond probably won't have much effect, other than to potentially result in an adjournment to give the respondent more time to file a response.

The longer this pattern goes on, however, the more justified you will be in pursuing an order for costs against the other party.

When you say the other parent told your partner they would give up parental responsibility and agree to time spent with, was this agreed to on paper and signed by both parties?

 

[IDS]

Is that a possibility to get orders for costs? Our lawyer hasn't mentioned this. Has cost a lot so far.

Unfortunately not, it was via email. But if the other parent could be persuaded to agree in mediation would that be a possibility?

They still have mediation and as mentioned in another thread today have threatened to take the child overseas.

 

[sammy01]

Maybe keeping one thread - makes for different opinions.

So with mediation and court process already begun, going OS permenantly is a bad idea. Unless to a non-hague convention country. Courts will help get the kids returned if it is a Hague country.

So the email helps, a little. Maybe it was all bluff,but is shows they are scared of court. Good.

 

[IDS]

Well, at the moment, there doesn't seem to be anything in place to stop them from going overseas.

The papers were served and the other party did not write a response before the court date and tried to self represent. The court told them to get a lawyer, gave a date the response was due by and adjourned.
The date has now passed with no response.

Is it likely they will adjourn the next hearing again to give the other parent even more time?