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My Fiance is currently trying to obtain more access to his…

My Fiance is currently trying...

My Fiance is currently trying to obtain more access to his 3 year old twins. He currently travels a 1200km round trip to spend 27 hours with the children every fortnight. He would like to have the arrangement changed to them being with their mother for 4 weeks and him having them at our home for 1 week. He and his ex had a hearing with the magistrate this morning (he attended by phone). The magistrate did not make a ruling but instead said that my fiance must submit an affidavit to the court within the next 14 days, and another hearing date was set for June 7th.

What does he need to include in the affidavit?

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Answered in 7 minutes by:

5/16/2011

Solicitor: Leon, Solicitor replied 11 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Afternoon.

That is a difficult question to answer.

Whose application is it that is before the court?

What information did the Magistrate say was lacking?

Customer reply replied 11 years ago

My fiance is making the application as the current arrangement does not allow for quality time to be spent with the children. In addition, he has to rent a motel room every time he goes to visit them, which is in no way ideal for the children.

The magistrate didn't say a whole lot, other than the fact that he "had other cases to hear" and since the ex would not agree to my fiance's proposal, he set a new hearing date and said that an affidavit had to be completed and forwarded to the court within the next 14 days.

My fiance is trying to reduce the amount of travelling he has to do whilst also gaining better access to the children as he doesn't feel it is in their best interests to only see him for such a short amount of time each fortnight.

Solicitor: Leon, Solicitor replied 11 years ago

God Afternoon,

Your Fiance Affidavit has to set out what the current position is and that it is not good for the children.

In detail how they do not spend enough time with him and how the current arrangements also impact on him not being able to spend the time with his children.

If he has problems with his ex when he does come to see his children set that out as well.

Also how the new proposal will make things easier on the children.

I assume that he has his ex's affidavit that would have been filed to support leaving everything as they are.

It is difficult to go int much more detail but that should give you an idea.

I hope this is of assistance and if so please click on the accept button.

Customer reply replied 11 years ago

His ex hasn't lodged an affidavit.

She told the magistrate that she doesn't know how the children would cope without her for so long, even though we had them for two weeks after Xmas as she refused to come and collect them on the agreed day, (she claimed she was having "car trouble" but later admitted that she was camping and didn't want to have to leave where she was to come and get them.)

She has since claimed in mediation that she only agreed to them coming with us to our home as she felt she had no other choice.

Solicitor: Leon, Solicitor replied 11 years ago

Good Afternoon,

Your fiance has to counter what she has said orally in his Affidavit.

Explain how the current situation is more unsettling for the children than what he is asking for.

Also if she has failed to deliver the children before he should set that out as well. A full history on how the current orders have not been working.

Ignore what she said at mediation that is not relevant. She always had a choice and thats why the mediator is there.

The key to remember is that it is what is best for the children ignore the adults.

The court wants to know how the proposal is best for the children.

I hope this is of assistance and if so please click on the accept button

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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