WA Withdrawing defence in parenting case?

[Helpdad]

Hi all.

My child's mother has decided to take me to family court after several years successfully coparenting. I will spare you the details but needless to say she has claimed that I exposed the child to family violence (property damage) which is completely false, but the magistrate at the initial hearing didn't seem to care. Wasn't interested in hearing or seeing any of my evidence, just ordered that I only have supervised visitation until the next court date many many months from now.

I no longer have the financial means to fight the case nor pay for the mandated private supervised visitation... Not to mention the extreme emotional toll it has taken on me and my family. After much thought I have decided it is in the best interests of all involved if I withdraw my defence of the case. I understand the repercussions of this, it is likely the magistrate will just award sole parental rights to the mother, every lawyer under the sun has told me.

My question is, has anyone had any experience in this area? I believe I can submit a Form 2 application for a procedural change with a sworn affidavit outlining my reasons for withdrawing? But I'm unsure. I have tried to get legal advice but lawyers just end up trying to convince me to keep fighting, and why wouldn't they when they are getting paid $400 an hour. I realize I can just no-show the court dates but that just drags this out longer and despite their bias against me, i have no desire to waste the courts time and resources.

Appreciate any advice.

 

[Rod]

Why not self rep rather than withdraw?

Withdrawing may expose you to a costs order.

 

[Helpdad]

Why not self rep rather than withdraw?

Withdrawing may expose you to a costs order.

Appreciate the reply but I'm not looking to self represent, I want to withdraw from the case.

 

[Rod]

I'm not in WA, but check out form 10 - notice of discontinuance if you filed a form 1A response (Defence).

I note you have already acknowledged your ex may get sole custody as a result of your withdrawal.

 

[Helpdad]

I'm not in WA, but check out form 10 - notice of discontinuance if you filed a form 1A response (Defence).

I note you have already acknowledged your ex may get sole custody as a result of your withdrawal.

Thank you. I did submit a response to application so this makes more sense.

That form doesn’t have a place to explain the reasoning behind withdrawing, am I able to submit an affidavit in support?

 

[Rod]

An affidavit in support is not needed.

You likely can, but do not expect it to make any difference.

 

[Helpdad]

An affidavit in support is not needed.

You likely can, but do not expect it to make any difference.

That’s ok, I just want to submit one so there is written documentation explaining why I have had to withdraw my defence should it be needed later down the line.

Appreciate the help, thank you.