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Starting court orde...
 
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[Solved] Starting court order process

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Posts: 8551
 Mojo
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(@Mojo)
Illustrious Member
Joined: 12 years ago

As long as you keep it brief, there's no reason why you shouldn't include it. Remember that the solicitor works for you and you are entitled to instruct them on how you wish to proceed. Hopefully you have selected a solicitor that is experienced in family law, otherwise they may not understand the complexities of the family court.

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Posts: 15
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Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

Yes I understand and he is experienced and was very helpful. I had to let hubby decide what he wanted. We wont be able to afford a solicitor with us at the hearing so getting their help now instead. I would have happily completed the form ourselves but hey ho.

Just wanted to check whats the norm. We have the following terms we are asking

1. EOW Fri 7pm - Sun 6pm meeting us part way
2. EO christmas
3. Extending contact in school holidays
4. Fathers day and share of birthdays, plus hubby birthday.
5. Telephone contact 3 times a week

Plus interim contact whilst order being agreed.

Is it normal to point these in section 5b?

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

Yes a sentence or two in response to all the points raised in 5b i.e.

Previous arrangements
Why it broke down
Why you're making the application
What you want

So as an example... We had contact with the children on weekends, but this could be cancelled with little/no notice. Indirect contact was also intermittent and whenever I tried to discuss this, contact was again denied.
Mediation failed, to try and maintain consistency for the children and I, I decided to make an application for contact arrangements to be defined in an order. The schedule i feel would be in the best interests of the children, EOW Friday-Sunday, telephone contact 3x weekly, shared school holidays and Xmas, Fathers day and birthdays. I would also like an interim order for contact to be put in place at the first hearing.

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Posts: 15
Registered
Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

Great thank you yes this is much better than what has been put.

Should we point out contact stopped since finances changed or would this all be discussed in the court room?

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

I was just giving an example, not neccesarily pertinent to your case, but yes you could say that due to a change in maintenance arrangements, the respondent stopped contact.

Financial arrangements and contact are two entirely separate issues and one isn't reliant on the other. Contact shouldnt be stopped for this reason as far as court is concerned.

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