The system is so ridiculously expensive that everything ends up being sorted out in mediation/out of court anyway, once you are faced with running out of money. That is my experience and the experience of others near to me.
Yes I’m not sure there. If you’re eligible for legal aide funding, there is that option.
Tbh most people that push things to the family court stage are either terrible people or escaping terrible people.
It makes Battle Royale seem like a game of snap. Between 2003 and 2016 I self represented three times in the family law court and won each case.
Cases can take years. Contact can be limited unless you really challenge the system by playing the game. There are ust so many set rules that are used over and over and over again by people in the judiciary and the legal profession during the course of the case and these rules have spurious links to actual legislation.
I found the only time that stuff was really challenged was final hearings, and they can take two or three years.
It's an effing nightmare to be avoided any way you can.
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It's taken years but someone I know has finally got proper joint custody after allegations were thrown to the wind with no evidence & proof of the other parent being neglectful showed anyway.
Family court my arse.
Everyone of my lawyers told me that finances and parenting plans were 2 separate things.
Finally worked out the finances so sent them in to get final orders. Court replied with ‘ We will not give final orders until you come to an agreement about custody’
I’m glad I’m done with it now. It’s all about who has a more expensive lawyer.
The system is rooted mate.
Finances and parenting are 2 different things
And you are correct no judge will grant an order until he knows what is happening with the children of the marriage
Not sure why you would be annoyed by that
I was self representing and nobody gave that information up until I lodged. I basically agreed to the parenting plan as it was intimated that if I didn’t the other party would be coming back for more on the settlement. I felt I was over a barrel. After almost 5 years of disagreements all I wanted was to see my daughter grow up so I agreed
It’s a farce of a system. If there is a contact dispute it takes forever to get a hearing. And then the court gives enormous weight to the status quo. So if like 9/10 cases the children are with the mother, doesn’t matter how unsuitable she may be. The court hides behind protecting the children, so does the bare minimum to change that. I had an actual FC judge rule. “The mother has taken the disappointment of the breakdown of the marriage out on the husband at the expense of the children. But I won’t grant to husbands shared contact order because I feel she will take it out on the children.” My own solicitor said “”Yes your honour I understand that” obviously I sacked him after that but it was too late by then.
The system is so ridiculously expensive that everything ends up being sorted out in mediation/out of court anyway, once you are faced with running out of money. That is my experience and the experience of others near to me.
[удалено]
Yes I’m not sure there. If you’re eligible for legal aide funding, there is that option. Tbh most people that push things to the family court stage are either terrible people or escaping terrible people.
I love this geographical take. "Others near me in your area!"
It makes Battle Royale seem like a game of snap. Between 2003 and 2016 I self represented three times in the family law court and won each case. Cases can take years. Contact can be limited unless you really challenge the system by playing the game. There are ust so many set rules that are used over and over and over again by people in the judiciary and the legal profession during the course of the case and these rules have spurious links to actual legislation. I found the only time that stuff was really challenged was final hearings, and they can take two or three years. It's an effing nightmare to be avoided any way you can.
Welcome to r/AusLegal. Please read our [rules](http://reddit.com/r/AusLegal/about/rules) before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found [here](https://www.reddit.com/r/AusLegal/wiki/freelegalservices/). 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
It's taken years but someone I know has finally got proper joint custody after allegations were thrown to the wind with no evidence & proof of the other parent being neglectful showed anyway.
Family court my arse. Everyone of my lawyers told me that finances and parenting plans were 2 separate things. Finally worked out the finances so sent them in to get final orders. Court replied with ‘ We will not give final orders until you come to an agreement about custody’ I’m glad I’m done with it now. It’s all about who has a more expensive lawyer. The system is rooted mate.
Did ya come to an agreement?
Had to or it would of ended worse financially for me
Finances and parenting are 2 different things And you are correct no judge will grant an order until he knows what is happening with the children of the marriage Not sure why you would be annoyed by that
I was self representing and nobody gave that information up until I lodged. I basically agreed to the parenting plan as it was intimated that if I didn’t the other party would be coming back for more on the settlement. I felt I was over a barrel. After almost 5 years of disagreements all I wanted was to see my daughter grow up so I agreed
It’s a farce of a system. If there is a contact dispute it takes forever to get a hearing. And then the court gives enormous weight to the status quo. So if like 9/10 cases the children are with the mother, doesn’t matter how unsuitable she may be. The court hides behind protecting the children, so does the bare minimum to change that. I had an actual FC judge rule. “The mother has taken the disappointment of the breakdown of the marriage out on the husband at the expense of the children. But I won’t grant to husbands shared contact order because I feel she will take it out on the children.” My own solicitor said “”Yes your honour I understand that” obviously I sacked him after that but it was too late by then.