https://forum.familylawexpress.com.au/ Sun, 17 May 2026 05:11:29 +0000 MyBB https://forum.familylawexpress.com.au/Thread-Notice-of-withdrawal-as-Lawyer Thu, 23 Jul 2020 05:34:40 -0600 https://forum.familylawexpress.com.au/Thread-Notice-of-withdrawal-as-Lawyer I received this notice from my former partner's solicitor yesterday.

NOTICE OF WITHDRAWAL AS LAWYER
Take notice that: 1. I have previously acted for XXXXXXXXXX (“the client”) in this case.
1. I hereby withdraw from the record and no longer act for the client in this case.
2. I confirm that -
(a) I have served a notice of intention to withdraw as lawyer (“the notice of intention to withdraw”) on the client by emailing it to her.
(b) the notice of intention to withdraw was served on the client at least 7 days before the date of filing of this notice;
© a true copy of the notice of intention to withdraw is attached to this notice; and
(d) the client’s last known residential or business address and telephone number are set out in the notice of intention to withdraw.

It reads as if she has given notice to her client and no longer wants to represent her. I would never have thought a lawyer would give up on a paying client.
We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?

Thanks
Vanda]]> I received this notice from my former partner's solicitor yesterday.

NOTICE OF WITHDRAWAL AS LAWYER
Take notice that: 1. I have previously acted for XXXXXXXXXX (“the client”) in this case.
1. I hereby withdraw from the record and no longer act for the client in this case.
2. I confirm that -
(a) I have served a notice of intention to withdraw as lawyer (“the notice of intention to withdraw”) on the client by emailing it to her.
(b) the notice of intention to withdraw was served on the client at least 7 days before the date of filing of this notice;
© a true copy of the notice of intention to withdraw is attached to this notice; and
(d) the client’s last known residential or business address and telephone number are set out in the notice of intention to withdraw.

It reads as if she has given notice to her client and no longer wants to represent her. I would never have thought a lawyer would give up on a paying client.
We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?

Thanks
Vanda]]> https://forum.familylawexpress.com.au/Thread-Question-about-kilometers Sun, 17 Mar 2019 04:07:26 -0600 https://forum.familylawexpress.com.au/Thread-Question-about-kilometers New to the forum. Hope this is the right place to ask.
My court orders state that if,
"The parties live within 10 kilometres of each other" "the parties shall implement a school term arrangement whereby the children will spend 6 nights per fortnight in the fathers care, at times to be agreed."

My question is, is the "kilometres" measured in line of sight or in travelling kilometres in the eyes of the court? and where could I find the answer within the Victorian family law circuit resources?

Thanks]]> New to the forum. Hope this is the right place to ask.
My court orders state that if,
"The parties live within 10 kilometres of each other" "the parties shall implement a school term arrangement whereby the children will spend 6 nights per fortnight in the fathers care, at times to be agreed."

My question is, is the "kilometres" measured in line of sight or in travelling kilometres in the eyes of the court? and where could I find the answer within the Victorian family law circuit resources?

Thanks]]> https://forum.familylawexpress.com.au/Thread-Timelines Sat, 01 Oct 2016 02:17:09 -0600 https://forum.familylawexpress.com.au/Thread-Timelines
The more organized your information is the less time you need to waste hunting it out time and again when you're thinking through the million and one things you need to work out to make your case. It also lessens your stress, because you have a sense of being more in control of your case, and the long-term effects of stress can leave you in a distressed state of mind that could be used against you by your ex (or Child Safety, if that's the reason you're on this site).

If you are reading this you must have at least some access to a computer. It is worth learning how to use a simple spreadsheet. If you don't have Excel, Openoffice does the same thing, just for free. In the first row of column A type in 'Date.' Beside that in Column B type 'event.' Then in Column C type 'Witnesses.' Column D is 'Evidence.'

Right-click the 'A' at the top of the first column, to highlight the entire column. The left-click to get a menu of formatting options, and 'format cells' date, selecting dd/mm/yy as the format.

Now go back to the beginning - when did you meet your ex? 1/1/1995? Put in the data:
A B C D
Date Event Witness Evidence
1/1/95 Met ex. Her sister. SMS next day.

You're good to go. As you think of and locate evidence you can add it in. You can also learn to sort by date so that things added later get to the right row. If there are physical pieces of evidence you can put them in a manila folder in a box, in date order, and then your spreadsheet is an index to whatever you have to work with. If you want to get fancy, if you have events on two rows, and think of something that happened between those two dates, a right click on the automatically-generated row number will get a menu where you can 'insert row,' and then a blank row will appear that you can use, in the correct spot.

Of course, if there are more pieces of evidence, you can add them to column E, F, G, etc. If there are pieces of evidence that you know exist but need to find, it's a good idea to right-click the cell, 'format cells' and go to 'Background.' Change the background to red or green or some colour that will remind you when you look at the sheet to hunt for that vital piece of evidence!

There is a huge range of things that could be evidence. Receipts and SMS's of course, possible voice recordings, CCTV (always worth checking out!) or other things.

You might think more things are important that your solicitor does, but I always suggest that you err on the side of including things if you think that Evidence X proves Point Y. The final version that can be printed out (Columns A and B only) for the Court will always be shorter than what you've created. But better to have your fingers on things that might prove useful than simply leave them out then have to chase things at the last minute!

Weeding through evidence you will find that a few SMS messages are very important, and most are not. But sometimes a receipt showing you were at Canberra McDonalds on the morning of 25/9/12, when you are accused of being in Melbourne at about that time 'stalking' your ex, might just be lifesaving. Keeping it safe could make a huge difference to your matter. Documents that are obviously very important should be scanned and stored in a safe online account with a secure password that your ex won't be able to guess. Ideally, though for Court purposes, a JP-certified true copy will carry more weight on the day if required. A fireproof document safe is a good idea generally even if you're not involved in these proceedings, so if the importance of this point is clear, let this motivate you to get one!

JP-certified copies of things can include screenshots of facebook exchanges. A screenshot is one thing, a screenshot printed out and certified by a JP who has sighted the original page is conclusive. Once again, fireproof document safe! Once your ex realises you have social media evidence, expect to be blocked and the page taken down. This realisation may occur well before you file your affidavit with the screenshot.

If you are really not computer literate, I have seen people manage their cases equally successfully with a simple box of recipe cards, which you can still buy. All that is needed is to keep it chronological, so it corresponds with the manila folders in your box!

So start the process yesterday, and start clearning more space in your brain for the clear thinking you need to do without the clutter of worrying about whether you've got everything and where it is!]]>
The more organized your information is the less time you need to waste hunting it out time and again when you're thinking through the million and one things you need to work out to make your case. It also lessens your stress, because you have a sense of being more in control of your case, and the long-term effects of stress can leave you in a distressed state of mind that could be used against you by your ex (or Child Safety, if that's the reason you're on this site).

If you are reading this you must have at least some access to a computer. It is worth learning how to use a simple spreadsheet. If you don't have Excel, Openoffice does the same thing, just for free. In the first row of column A type in 'Date.' Beside that in Column B type 'event.' Then in Column C type 'Witnesses.' Column D is 'Evidence.'

Right-click the 'A' at the top of the first column, to highlight the entire column. The left-click to get a menu of formatting options, and 'format cells' date, selecting dd/mm/yy as the format.

Now go back to the beginning - when did you meet your ex? 1/1/1995? Put in the data:
A B C D
Date Event Witness Evidence
1/1/95 Met ex. Her sister. SMS next day.

You're good to go. As you think of and locate evidence you can add it in. You can also learn to sort by date so that things added later get to the right row. If there are physical pieces of evidence you can put them in a manila folder in a box, in date order, and then your spreadsheet is an index to whatever you have to work with. If you want to get fancy, if you have events on two rows, and think of something that happened between those two dates, a right click on the automatically-generated row number will get a menu where you can 'insert row,' and then a blank row will appear that you can use, in the correct spot.

Of course, if there are more pieces of evidence, you can add them to column E, F, G, etc. If there are pieces of evidence that you know exist but need to find, it's a good idea to right-click the cell, 'format cells' and go to 'Background.' Change the background to red or green or some colour that will remind you when you look at the sheet to hunt for that vital piece of evidence!

There is a huge range of things that could be evidence. Receipts and SMS's of course, possible voice recordings, CCTV (always worth checking out!) or other things.

You might think more things are important that your solicitor does, but I always suggest that you err on the side of including things if you think that Evidence X proves Point Y. The final version that can be printed out (Columns A and B only) for the Court will always be shorter than what you've created. But better to have your fingers on things that might prove useful than simply leave them out then have to chase things at the last minute!

Weeding through evidence you will find that a few SMS messages are very important, and most are not. But sometimes a receipt showing you were at Canberra McDonalds on the morning of 25/9/12, when you are accused of being in Melbourne at about that time 'stalking' your ex, might just be lifesaving. Keeping it safe could make a huge difference to your matter. Documents that are obviously very important should be scanned and stored in a safe online account with a secure password that your ex won't be able to guess. Ideally, though for Court purposes, a JP-certified true copy will carry more weight on the day if required. A fireproof document safe is a good idea generally even if you're not involved in these proceedings, so if the importance of this point is clear, let this motivate you to get one!

JP-certified copies of things can include screenshots of facebook exchanges. A screenshot is one thing, a screenshot printed out and certified by a JP who has sighted the original page is conclusive. Once again, fireproof document safe! Once your ex realises you have social media evidence, expect to be blocked and the page taken down. This realisation may occur well before you file your affidavit with the screenshot.

If you are really not computer literate, I have seen people manage their cases equally successfully with a simple box of recipe cards, which you can still buy. All that is needed is to keep it chronological, so it corresponds with the manila folders in your box!

So start the process yesterday, and start clearning more space in your brain for the clear thinking you need to do without the clutter of worrying about whether you've got everything and where it is!]]> https://forum.familylawexpress.com.au/Thread-Child-Contact-Centre-Evidence Thu, 27 Aug 2015 22:58:23 -0600 https://forum.familylawexpress.com.au/Thread-Child-Contact-Centre-Evidence https://forum.familylawexpress.com.au/Thread-What-can-i-do-to-speed-things-along-get-my-girl-home Thu, 06 Aug 2015 05:20:19 -0600 https://forum.familylawexpress.com.au/Thread-What-can-i-do-to-speed-things-along-get-my-girl-home
I had an incompetent lawyer who didn't prepare for trial. I fired them after the initial 3 days of the original trial proceedings. Unfortunately it has left me in a position where alot of the arguments can now not be put forward. 

The children and I put up with arson attacks, i was publicly assaulted twice, cars vandalised, harrassment. theft, the children were abducted at one point and my oldest alienated (although she has since recovered). 

Beth, my 5 yr old, ended up in a residency reversal in october last year - to the people responsible for what ive just listed - although they have never been charged with anything.. 

She is now frequently ill, persistently suffering from bruising, has her communication with me constantly sabotaged, and is desperately missing all her family members who she has been with all her life until these current orders under appeal & often demonstrates violent refusals to return to her fathers (we have changeovers through a contact centre). 

I have tried a new application & it was dismissed. I have filed 2 contravention applications - one for the school holidays with me that she didn't get - & the same bias judge dismissed it - & it had been her own order & his blatant contravention. 

The 2nd contravention had some 18 counts - the judge dismissed all but 4 because she said they weren't worded well enough (& ordered i pay $7k of his costs for the priviledge of that little gem). 

There are 4 counts left to be heard next month, none of which are major enough to bring the residency into question..]]>
I had an incompetent lawyer who didn't prepare for trial. I fired them after the initial 3 days of the original trial proceedings. Unfortunately it has left me in a position where alot of the arguments can now not be put forward. 

The children and I put up with arson attacks, i was publicly assaulted twice, cars vandalised, harrassment. theft, the children were abducted at one point and my oldest alienated (although she has since recovered). 

Beth, my 5 yr old, ended up in a residency reversal in october last year - to the people responsible for what ive just listed - although they have never been charged with anything.. 

She is now frequently ill, persistently suffering from bruising, has her communication with me constantly sabotaged, and is desperately missing all her family members who she has been with all her life until these current orders under appeal & often demonstrates violent refusals to return to her fathers (we have changeovers through a contact centre). 

I have tried a new application & it was dismissed. I have filed 2 contravention applications - one for the school holidays with me that she didn't get - & the same bias judge dismissed it - & it had been her own order & his blatant contravention. 

The 2nd contravention had some 18 counts - the judge dismissed all but 4 because she said they weren't worded well enough (& ordered i pay $7k of his costs for the priviledge of that little gem). 

There are 4 counts left to be heard next month, none of which are major enough to bring the residency into question..]]> https://forum.familylawexpress.com.au/Thread-Documenting-Undermine-Behaviour Thu, 30 Jul 2015 19:44:31 -0600 https://forum.familylawexpress.com.au/Thread-Documenting-Undermine-Behaviour
I mean things like the kids not being home on the night that I am to pick them up (she arranged for them to have a sleep-over with friends that night).

Or not allowing the girls to answer the phone when I call, or hurrying the girls to finish talking to me on the phone (in less than 30 seconds) because they are always allegedly in a hurry for one thing or another.

Or when the girls are with me, the mother gives the girls all this apparent home work (not real home work, but reading certain books), which stresses the girls out and they refuse to even go to the shops with me for fear that they will not finish the book reading.

It is not a matter of one big thing, but numerous little things that undermine my relationship with my kids. I basically have no say with my girls, regardless of whether they are will me or with their mother.

However I find it difficult to document these issues. Should I try and take photos or record audio?

Should I simply write it down like diary entries?

Which way would a court prefer such issues to be documented for the purposes of being used as evidence?]]>
I mean things like the kids not being home on the night that I am to pick them up (she arranged for them to have a sleep-over with friends that night).

Or not allowing the girls to answer the phone when I call, or hurrying the girls to finish talking to me on the phone (in less than 30 seconds) because they are always allegedly in a hurry for one thing or another.

Or when the girls are with me, the mother gives the girls all this apparent home work (not real home work, but reading certain books), which stresses the girls out and they refuse to even go to the shops with me for fear that they will not finish the book reading.

It is not a matter of one big thing, but numerous little things that undermine my relationship with my kids. I basically have no say with my girls, regardless of whether they are will me or with their mother.

However I find it difficult to document these issues. Should I try and take photos or record audio?

Should I simply write it down like diary entries?

Which way would a court prefer such issues to be documented for the purposes of being used as evidence?]]> https://forum.familylawexpress.com.au/Thread-Phone-recordings Thu, 23 Jul 2015 16:11:29 -0600 https://forum.familylawexpress.com.au/Thread-Phone-recordings
I also two genuine phone recordings of my wife, one on an answering machine that continued to record after I picked it up, and the other is a recording I organised myself with a device attached to the phone.

I would like to know whether legally I am allowed to submit any of these recordings to Police or to Court as evidence?]]>
I also two genuine phone recordings of my wife, one on an answering machine that continued to record after I picked it up, and the other is a recording I organised myself with a device attached to the phone.

I would like to know whether legally I am allowed to submit any of these recordings to Police or to Court as evidence?]]>