WA What to Expect in a Family Court Proceeding?

Discussion in 'Family Law Forum' started by perth2010, 18 May 2018.

  1. perth2010

    perth2010 Member

    18 May 2018
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    I'm a 39-year-old guy from WA. I fathered a 6-year-old girl from a de facto relationship. The last time I spoke or saw my daughter was 6 months ago when police were called and subsequently a VRO or a restraining order was placed on me after a dispute with my ex's adult children. No charges were laid.

    I initiated mediation through Relationships Australia, and six months later, they have decided that mediation wasn't suitable. I immediately filed the paperwork with the family court to initiate family court proceedings. That was a week ago today.

    I have some questions:

    1. When will the paperwork arrive (they say 2-3weeks) and how much time will the first hearing take?

    2. What outcome should I expect from the first hearing (I have asked for interim order of 3 hours Sunday, accompanied by mother if necessary, 20 minutes after school on Tues and thur and a phone call before bed)?

    3. Would a positive affidavit by someone like Salvation Army (where I have been receiving counselling and support) be beneficial for the first hearing?

    4. is it likely that any interim order be made on the day (I have been made aware that the court will likely send us to the court counselor for a last ditch mediation attempt) ?

    Thanks for reading.
  2. thatbloke

    thatbloke Well-Known Member

    5 February 2018
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    Bear in mind WA has its own rules but if the wait times are the same as the rest of the country it could be 8-15 weeks before you get a MENTION (not a hearing)
    As for the paperwork, dont worry, all you want is the other sides response and who knows when you will get that. How long is a piece of string?

    You should expect to be in a courtroom that probably has about 20 names to be heard on the same day by the same judge, you will be lucky to get 5 minutes and in all probability what is agreed is worked out outside the actual courtroom between the parties as the judge wont have read anything or have any time to do anything, What you are asking for is not unreasonable EXCEPT getting the ex to supervise.. forget that idea right away, ditch it, never think of it again!!!!

    Short term answer, not at this stage unless the ex is going to say you have mental problems that you have not been treated for. If that is going to happen a simple "report" or letter from the treating professional saying xxx started to see me on xxx for xxx and has seen me xxx times should suffice as an annexure to an affidavit. THey can submit their own opinion in an affidavit but then they have to be ready to give evidence if needed. But if you have not already included it in your application, dont go adding more documents just yet. If you think this might be an issue then just take 4 copies of the "Report" or letter ready to be used on the day if needed.

    Why fire off all your guns at once? You are now in a tactical war zone

    See my point 2, 95% of all interim stuff is agreed by consent outside the actual courtroom and how this pans out will very much depend on the individual circumstances unique to your case. Its not a one size fits all situation

    Just dont expect the court to do very much for a very kong time, and expect them to err on the side of caution in relation to the kids. Hope this helps
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  3. Nonfiction

    Nonfiction Well-Known Member

    17 May 2018
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    At the first hearing the magistrate will try to establish facts in dispute, will give directions and may or may not make interim orders for time. As you have been advised, it is likely you and the other side will be ordered to attend a case assessment conference, which would occur before the next court date.

    As thatbloke said, if evidence is needed from the Salvation Army to provide some clarity to an issue in dispute, a letter/report should suffice. Depending on relevance, a subpoena may also not be out of the question at a later stage.

    Without knowing all of the facts, the interim orders you are seeking seem more than reasonable to me and I agree, while you could use it as a point for negotiations, if possible, it would be better to steer clear of actively “seeking” for your time to be supervised.
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    #3 Nonfiction, 18 May 2018
    Last edited: 18 May 2018

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