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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5361
Experience:  Dip Law LPAB - Sydney based lawyer
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I am due to go back to family law court but the respondent's

Customer Question

I am due to go back to family law court but the respondent's lawyer has just advised my lawyer that she is withdrawing from representing her. the respondent has not followed court consent orrders. she has contrivened many of the things asked in the order including my contact time with our child and has stopped phone contact.
I am worried this will slow the process down even more or will the courts progress with a plan.
I am sure she is not going to show at the next court date.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

The court has a wide discretion as to how to handle a case like this, and some delay is certainly possible, but if you can satisfy the court she is currently breaching the existing orders, and she simply fails to attend, you could ask the court to determine the matter in her absence, or at least impose interim orders allowing you the greater access you have been seeking until the matter is finally determined, and the court may be willng to do this. Even if the court won't make such orders on the next occasion, if she continues to fail to attend, the court will eventually deal with the matter in her absence.

I trust the above assists.

Please rate my answer.

Patrick

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