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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hello, What is the procedure when defending a warrant application.

Resolved Question:

Hello, What is the procedure when defending a warrant application.
Either on notice or without notice. Thank you
Submitted: 11 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Hi, you use a notice based on this form http://www.justice.govt.nz/courts/family-court/documents/forms/pdf/Form-FP-36B.pdf
Customer:

So it is classified as an interim parenting order?

Customer:

If an application for a warrant is made to the courts that is on notice then I am guessing I will be served with something?

Customer:

That I can then defend

Customer:

I have made an application to have an agreed variation included into the order. My ex wishes to enforce the original arrangement in the order and I suspect they intend to apply for a warrant. I have sent a letter to the registrar asking for any application for a warrant to be on notice. Is there any one else at the courts I should write to regarding this?

christhelawyer : That form should be adapted to say it is to oppose a warrant. Does the ex have a lawyer acting?
Customer:

If my ex applies for a warrant will my application also be presented to the judge as it would relate to the warrant application? or do I need present a new affidavit with my defense?

Customer:

No. It looks like we are both representing ourselves. Which will be interesting.

Customer:

my exes notice of defense to my application was emailed from an email address shared with their new spouse and had their address for service.

christhelawyer : You will need an affidavit to go with the notice, unless you have already filed one. The judge will see all the documents on the file. I predict he/she will not be happy.
Customer:

yes

Customer:

It is enough for me to have sent a letter to the registrar regarding my request for a warrant application to be on notice?

Customer:

When you say the judge will see all the documents on file... do you mean all as in whats recently been filed or going back from when we first were in court?

christhelawyer : the letter about notice to the registrar should also be sent to your ex. The judge will have the whole file, hopefully with all the documents filed. It may be a large one from your description
Customer:

oh yes. the judge will not be pleased.

christhelawyer : All I can say further is be prepared for this! Deflecting this on to the ex, hopefully will enable the judge to sort this out
Customer:

OK. I have always tried to stay focused on the specific issues and being clear about my position on those issues. But from the start my ex has focused on my character in a negative way. I am not perfect and have over the years made mistakes but they are usually blown way out of proportion. my ex has previously written a 13 page affidavit which mostly focuses on what a terrible person i am. Their spouse wrote a 19 page affidavit which made all sorts of outrageous claims about me including as a teenager and they didn't even know me as a teen. friends of mine filled affidavit which disputed these claims. These affidavits were never read by a judge as the LFC convinced us to do mediation. How much weight would a judge place on hearsay claims in affidavits? How much should I focus on defending untrue claims?

christhelawyer : Your focus is the one the judge will want to hear. Attacking the other party seldom works, as it often says more about his character than yours. The focus is what is in the child's best interests, not what you may have done in the distant past.
Customer:

Ok Than You

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18232
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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