Update – Family court Revamp part 3
Since April 2014 I have been in the system of the New Family court system. my previous posts – http://menz.org.nz/2014/family-court-revamp-part-2
So my last update was up till about the 9th of December, My ex finally accepted a mediation date for the 13th of January 2015. Since one of the primary reasons for restarting the proceedings was to try and get contact for Christmas, I had the court confirm that the current parenting order (from 2010) was still enforceable, and then messaged my ex saying that since she cant have mediation till middle of January I will be forced to enforce the order, so if she could have my son available for the dates as per the order that would be great. I also mentioned to her that if she doesn’t agree either organize a mediation date for before Christmas, or I will be forced to enforce it.
She asked me for the mediators number, and he was not available, she said she would call the following day. 2 days later I have a bailif on my door step serving me with a Without notice application to vary the parenting order, essentially preventing me from enforcing the order, in her application she told the court that I had asked for contact outside the order, and a number of other stretches of the truth and unfactual information. and as a result it was approved. With contact be on agreement, so I text my ex asking when she sees contact occurring, and never got a response.
Come the 13th of January, I had travled from Auckland to Wellington, and was driving up to Palmerston north about 4 hours before the mediation date, when I recieved a phone call from the mediator saying that my ex had pulled out as she had a workplace injury that resulted in a concussion before Christmas. The mediator tried to work something out on the phone, but my ex couldnt even make herself avalible during the time period the mediation was supposed to be.
Thankfully as a result of her without notice application a directions conference was set down for the 4th of Febuary.
At the directions conference the Judge pretty much ripped into the Lawyer for child and Lawyer for my ex asking why contact hasnt been able to be sorted, and it appears to be a straight forward case. So we now have to have a round table meeting within 2 weeks, if no agreement is reached, we are to file detailed proposals for contact and care, and she will either make a decision based on those proposals and evidence previously filed, or set down a hearing.
I also wrote to MP’s about the time frames for the Family Dispute Resolution to occur, and received a response from Amy Adams yesterday stating that the provider contracts specify 35 days from application to mediation occurring. and they will be working with providers to ensure this happens. However delays are inevitable if people need extra time for the prep etc…