OP filed for court last year.
We have court coming up this month.
ICL asked us both to send proposals.
I sent my proposal. Part of my proposal was that OP was to get a drs certificate stating they have no diagnosable mental health condition before moving to unsupervised.
i received no response to the proposal and OP made no proposal.
Yesterday OP emailed me, my lawyer and ICL notice of discontinuance withdrawing from court. Today that was up on the court portal and is now stamped.
What happens from here?
I spoke to my lawyer and said I would like to write up consent orders and have OP sign them. She said I’m unable to do this. She said once that’s in the portal everything is finished, no more hearings at all and I can’t do any consent orders.
I was told that to withdraw from court both parties must agree and sign something to withdraw.
Is this true?
Am I really not able to send OP consent orders?
Cameron McKenzie If orders exist and the other party has made an application which has subsequently withdrawn, then proceedings are finished. If seeking to change orders then you would need to make an initiating application. It is still open to parties to reach agreement by consent, file in court and have the orders stamped.
Brad Hill
Is your solicitor legal aid funded.?
S
Yes, my lawyer is legal aid funded and has been very keen to try and have me agree to anything the OP requests even when it’s not in the child’s best interest.
would the previous orders still stand? Our previous orders state the OP is to have supervised access at the centre we agreed on. OP has not done this.
Thank you, I was unsure if the next court date would still go ahead and I might be able to present my proposal for consent orders and have OP agree or the judge to make them file.
Im unsure if I should just leave things as they are and leave it up to OP or I should file in my state.
Ive tried to discuss with OP about seeing the child. OP simply will not discuss anything.
The only time OP wishes to say they ‘won’t walk away’ is when CSA contacts them about another application I’ve put in and then OP denies parentage again and again.
S
I have since received an email from my lawyer. She’s spoken with the ICL.
ICL agreed with me in that we should have orders in place and to continue to an undefended hearing for final orders to stop further litigation as he may file again years down the track.
There’s currently interim orders in place. (Stating OP is to use the contact centre we agreed on for 3 months. He hasn’t even been to ONE visit.)
I haven’t made an application for costs. I have legal aid.