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NSW Waiting for Response to Initiating Application - What Next Under Family Law?

Discussion in 'Family Law Forum' started by Mylife, 19 January 2016.

  1. Mylife

    Mylife Well-Known Member

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    We have a date in the first week of February for an initiating application for interim/final parenting orders.
    My question is, when should we expect some form of response from the other parent (or their solicitor)?

    Should we expect to hear anything and if we do, what next? Do we dispute what the affidavit says? An alternative proposal, which is what our solicitor asked for if they do not agree with our proposal. So far nothing at all!

    As it is getting closer, I'm becoming more anxious and worried about what can or may happen.

    Anyone with any suggestions under Family Law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    They have a right to file a response, and the rules say the response is supposed to be filed seven days before the first hearing, but in our case, the response was filed 12 hours before the first hearing. If filed late, you can ask for an adjournment, but it means waiting another few months for the next interim hearing.
     
  3. Mylife

    Mylife Well-Known Member

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    So there is no penalty to the other party for filing late? Basically they are "allowed" to do that just to muck everyone about?
    Can we go ahead regardless of their response? Or is it beneficial to delay for some reason?
     
  4. Rod

    Rod Well-Known Member

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    Question: If one party is late/doesn't reply, can the other party then obtain a costs order against the offending party for their extra costs?

    Edit: Replies sent at same time :)
     
  5. AllForHer

    AllForHer Well-Known Member

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    We are talking about a first mention here, so the court still has a lot of hope that you and the other party will negotiate an outcome for yourselves. It doesn't generally punish parties for filing late this early in the game, but if late filing continues to be a problem, then the court will start to get frustrated and it will increase the likelihood of you being able to seek a costs order.

    You can proceed with the first mention fairly confidently without needing to address the response if it is filed late. The evidence is not tested in interim hearings, so anything contained in the affidavit may be questioned mildly, but it won't be given significant weight at this point.

    You'd be better off going ahead with the first hearing and getting interim orders in place as soon as possible.
     
  6. AllForHer

    AllForHer Well-Known Member

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    @Rod, not this early on, but if it's a pattern of late filing, then you could argue for costs based on the other party frustrating and delaying proceedings.
     
  7. Mylife

    Mylife Well-Known Member

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    Thank you.

    We are planning on going ahead regardless as there is nothing out of the ordinary being asked for in the interim orders.

    Thanks again, much appreciated.
     
  8. Mylife

    Mylife Well-Known Member

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    Forgot to also mention previously. The other party is legal aid funded, so I believe they are in no rush or not inclined in any way to negotiate or try to come to some form of agreement. In fact, we believe they are doing all they can to have letters sent with silly requests to our solicitor as there is no cost to them.
     
  9. AllForHer

    AllForHer Well-Known Member

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    Honestly, I doubt that. Legal Aid is the one 'law firm' that prefers consent orders over trial. If she's unreasonable, they may cut funding. In my experience, however, many 'stubborn' parties will leave it until the day of trial to negotiate consent orders.
     
  10. Mylife

    Mylife Well-Known Member

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    That is good to know! Gives me a little peace of mind. Frustrating having to spend thousands that could actually be spent on their education or something of benefit to them rather than arguing about when their dad is "allowed" to spend time with them.
    Thank you again!
     
    AllForHer likes this.

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