Have to pay to make an application???
Hi all,
I have been out of the Family court system since end of 2010, after finally getting to a defended hearing, getting a decent outcome, just for it to start falling apart 3 months later, followed by total destruction about 8 months later… And after the 3 years in the court getting me to the verge of divorce and entering the court for two other children, I pretty much walked away.
Things have settled down a lot in the last 6 – 12 months, and I am trying to re establish contact (total of 15 min physical contact in 2 1/2 years) I sent a formal request to my ex asking for a re introduction program with a suggestion of what I was looking for, then to continue the parenting order as per 2010. To that I have had no response what so ever, so I drew up court documents to bring proceedings back to the family court, asking for exactly what I had asked my ex directly for, turn up to the court to affirm an affidavit, to see on the wall that it now costs $220 to file an application for parenting order…
Is this for new files, or all?
Do I need to go along the line of applying to have a parenting order enforced instead?
New system , instead of you paying lawyers you also get to pay the courts and the lawyers as well 🙂
It applies to all new applications be they variations or totally new.
If you are on a benefit or self representing and therefore poor and can’t afford a lawyer the Courts will waive the application fee.
The new system (Family Disputes Resolution Service) to happen later this year is $1,000 for an application.
Thanks Allan, Think ive worked a way around it anyway… Section 65 COCA, I really don’t want to get involved with the FC again, so the lest confrontational method the better I think.
End of the day Im over the games (hence the no contact for 2 1/2 years), I just want to see my son. I think one of the reasons she hasn’t replied is because she thinks I will take it back to court, and because we have to seek leave from the presiding judge to resume proceedings she probably thinks the judge will say go away, and she can continue as she is…
so if you still in system and trying to sort do you still have pay for each?
Each new application for variation or an original application for a parenting order now costs $220.
See my post #2 above for some execptions.
if its riddell as presiding judge then expect biasness on her part
i.e you will be screwed.