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I still require assistance from one of your family law professionals please. I haven't had any assistance yet with this question. I wasn't able to give more information (as noted in my first question) until I get a response from a lawyer - like your response now. That is how this online system works.
Please arrange for an experienced family lawyer from Australia to assist me with my question. Thank you kindly.
Further to my initial question:The applicants solicitor sent me a letter in response that states:
"Understandably you have removed the child support issues which cannot be before this Court in any event.
I am awaiting my client’s detailed instructions. However, I note that you have sought to make a change to the issues to do with Lovena.
There is no Application before the Court dealing with Lovena, and I do not think that the Court can competently make any Orders in relation to Lovena, as that case has been settled by the decision of Her Honour Justice Duncanson.
In those circumstances, I have advised my client that is not a matter that can be properly considered at this time."
Then I receive the following letter from them also:
"I refer to the above matter. I enclose herewith the Minute of Consent Orders relating to the applications that are currently before the Court which only relate to property.
As I previously advised you, I am no longer instructed in relation to any issues to do with your daughter and the Family Court process is only currently dealing with property matters and therefore has no jurisdiction to make any Orders in relation to Lovena.
Accordingly, the enclosed Minute of Consent Orders represents the only agreement that can be made in the Family Court at this point in time.
I would be grateful if you would sign the enclosed Minute and return it to me so that I may have my client sign it and then I will file it at the Family Court.
This will then conclude the proceedings that are currently before you.
I reiterate that I am not instructed in relation to any issues to do with Lovena and will not respond or communicate with you in respect of that aspect of your life."
The Minute Of Consent Orders attached with the above letter from the Solicitor is paragraphs 1, 2 & 3 of his orders; and paragraphs 4 & 9 of my orders.
Is the Solicitor correct in what he is saying regarding the handover location not being able to be settled by consent? Or is this another threat to get me to do what he wants?
To me, if two parties consent to something (a change to current Court Orders), then it can be done by consent. I don't understand what the other parties solicitor is doing.
Can you please advise me what I should do in the current circumstances?
I also ask: How do I get the other party to consent to a change of handover location? I have asked about 8 times since orders were made in November 2012. He refuses. I just want a fair location for handovers to be done at, rather than totally in his favour. (40 mins from my place, 2 mins from his work and 7 mins from his home) How do I word a letter to him to change the handover to a location midway between the parents residences?
Thanks in advance.
Thank you for your response.
We are attending Conciliation tomorrow. Can I bring a person along with me that is not a solicitor? Will he be bringing his solicitor along?
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