WA Want to amend my affidavit for a final order sought.

[KCS]

Hi

This is my second time with a 2 day trial. I have already got final court orders from last time in 2016. My issue is we have filed all paperwork for this trial. We have had readiness hearing and callover is next Friday. New problem has arisen and I'd like to amend my single standalone affidavit to change one numbered point. What form do I fill out to do so?

All was required was to file a single standalone affidavit setting out the evidence and a list of witness and witnesses affidavits. Also state those that refuse to do an affidavit. So I'm very confused and I really need to edit or amend a numbered point urgently.

THANK YOU

 

[thatbloke]

Ask permission at the callover, and expect them to say dont bother/no/raise it during the hearing

 

[Nonfiction]

Some perspective?...how significant is the sought amendment of this single paragraph to your case? Is it for property or children? If property and you have stated an incorrect ‘value’ figure...you can raise the paragraph and error directly with the judge at the next Court date and provide the correct figure. If children, I cannot see how 1 paragraph could effect the rest of your evidence in chief.

 

[KCS]

Children

I have put down to maintain the shared parental responsibility. However an issue that has had a terrible impact on the kids I am wanting to change to sole parental responsibility. That's it

 

[Nonfiction]

Ok, so you are looking to amend 1 of your orders. Option 1, seek leave of the Court to file an amended application and either a short supplementary affidavit or revised trial affidavit. Option 2, include minutes of the orders sought by you (with the revised order...along with the others) as part of your case summary...although I suspect the evidence from your current affidavit does not support the new order?

 

[thatbloke]

You will have a hard time bailing out of shared responsibility now you have filed for joint

That's the reality

 

[KCS]

No it doesn't I have new evidence for my change of mind. Wanting the easiest route. My current standalone affidavit is 300 pages with annexures attached.

How do I seek leave?

We have our callover this Friday for our hearing dates.

I have not had to do this in my affidavit before hense I'm stuck.

 

[KCS]

He is asking for full custody and sole parental responsibility. Kids dont want it but he needs to seek help.