Ex’s Lawyer – Filed application to withdraw as counsel on record (Update of Revamp family court – Part 4)
Ok, so those who have been following my updates…. last post (menz.org.nz/2015/update-family-court-revamp-part-3/)
Have had a lot of activity on my case in the last 2 months, from a directions conference where ex’s Lawyer and Lawyer for child got dragged though the coals for this continuing to be going thought the court as it should be straight forward, and gave them 2 weeks to convene a round table to discuss contact, and if no agreement is reached, to file updated evidence within 4 weeks.
A few days prior to the Directions Conference I requested contact at the end of February out of the region for a family function. This was briefly discussed prior to the judge arriving in the room at the Directions Conference, and was agreed to.
After the directions conference, it was obvious that the 2 week time frame was never going to work in with all 4 parties involved, I was available 24/7, ex was only available on Mondays, and the Lawyer for child and her Lawyer struggled to find time to suit everyone. It was eventually agreed for a Friday, but 2 days prior ex pulls out as she could not get the time off work, and put back to the following monday. (3 1/2 weeks after directions confrence) I also started to get asked about the contact I had requested, things that were irrelevant, and hare say that she had heard about who was and was not going to be at the function. So with less than 24 hours till the agreed contact taking place, still uncertainty I applied for a warrant to enforce the contact. While the file was before the judge I received confirmation that contact would go ahead. Court came back saying my application was denied, but the court has serious concerns as to why contact is not taking place, and maybe it needs to consider reversal of care. And notice of defence to be filed within 3 days and a further directions conference set down for the 24th of March.
The round table went ahead the following Monday, and rather than focusing on the issues, they just wanted to know what my proposal was, and found every excuse under the sun why it wouldn’t work. About 45 minutes into it they hung up (was via teleconference) to discuss things, and was told they would call back soon. An hour later I receive an e-mail saying that my proposal is very complicated, and my ex is considering it, and will be in touch soon.
The following day was the last day I could file my updated evidence without needing to get an extension, so after not hearing anything about my proposal I went ahead and filed my updated evidence, which essentially made negotiating impossible afterwards.
The next day my ex files for an extension to the following Monday as she only has Monday’s available to her, come Monday there is no sign of her filing anything, on the Wednesday the Judge approved the extension, and stipulated exactly what they wanted to see in the affidavit. The approval then was followed my a memorandum from ex’s lawyer saying that they were unable to file anything, and due to the work situation, my ex would now be looking for a new lawyer.
Today I filed my Directions conference Memorandum, which was followed by my ex’s lawyer with an Application to be removed as Counsel on the Record, with her affidavit saying she has not heard from my ex since the 2nd of March.
Now my question…. Can this be used as a delaying tactic by fronting up to court saying she has no lawyer, and has no idea how to represent herself, then spend another few months trying to get another lawyer…..?