Fathers Legal Options Explained

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in federal circut court, the parties have been in court for 4 years, they went to go to trial, both parties wanted sole pr with every second weekend, the judge just amended the curent */* ordes from a * to *, the judge stating he wont remove care from either parent and will only do joint pr, they requested a further family report and trial attempt in june, can the father issue a notice of discontinuance, requesting to make the current orders final that he does not wish to continue with the case due to financial costs, emotoinal and psycholgoica impacts on all parties, showing that the child has improved in both parents care and is well supported

The father can issue a Notice of Discontinuance, but it will only discontinue his own application. The current orders would remain in place unless the other party also agrees to discontinue or the court decides otherwise. Consulting a family lawyer for personalized advice is recommended.
Do you need more details on how to issue a Notice of Discontinuance?

why can the other party continue with the case

Case Rating: *
The other party can continue with the case because the Notice of Discontinuance only applies to the party who files it. The court proceedings would still be active for the other party unless they also decide to discontinue.
Is there anything specific you'd like to know about how the court handles such situations?

yes

The court system allows each party to independently decide whether to continue or discontinue their involvement in a case. The Notice of Discontinuance only affects the party who files it, meaning the other party retains their right to pursue their claims unless they also choose to discontinue.
Do you need more information on how to proceed with the Notice of Discontinuance?

can the other party request for their orders to be made final if the father issues a notice of discontinuance

Yes, the other party can request for their orders to be made final if the father issues a Notice of Discontinuance. The court will consider the best interests of the child when making a decision. Do you need guidance on what steps to take next?

what if the father provides an affadvait showing the child is doing well in both parents care with school evidence

Case Rating: *
Providing an affidavit along with school evidence demonstrating that the child is doing well in both parents' care can be very persuasive. The court prioritizes the best interests of the child, and such evidence could support maintaining the current shared care arrangement.
Would you like more information on how to prepare an affidavit properly?

what if the mother continues to persu domestic violence when the father issues notice of discontinuance

If the mother pursues claims of domestic violence, the court will take those allegations seriously, regardless of the father's Notice of Discontinuance. The court will still consider the best interests of the child and any potential safety concerns.
Would you like more information on how the court handles domestic violence allegations?

is there any other way to avoid trail when the mother is adamant in getting her orders, despite the judges recommendations

Mediation or Family Dispute Resolution (FDR) could be an alternative to avoid trial. These methods help parties reach agreements outside of court. You can also request a settlement conference or negotiate through lawyers.
Would you like more information on mediation or FDR?

what is a settlement conference

Case Rating: *
A settlement conference is a meeting between the parties involved in a legal dispute, their lawyers, and a judge or neutral third party to discuss possible ways to resolve the matter without going to trial. The goal is to reach an agreement that satisfies both parties.
Would you like more details on how to request a settlement conference in your case?

yes

A settlement conference can be an effective way to resolve disputes without going to trial. Here’s a brief overview on how to request one:
- Application: File a request for a settlement conference with the court.
- Scheduling: The court will schedule the conference.
- Preparation: Both parties and their lawyers will prepare their cases.
- Conference: Attend the conference to negotiate a resolution.
Would you like more information on the application process or preparation tips?

is there chance this will fail

There is always a chance that a settlement conference or any alternative resolution method might fail if both parties cannot reach an agreement. However, presenting strong evidence and being well-prepared can increase the likelihood of success.
Would you like tips on preparing for the settlement conference?

currently the father has to pay for an upcoming family report which is *, can he make an application not to pay it

Yes, the father can make an application to seek an order for the cost of the family report to be shared or for the other party to pay.
Would you like more information on how to file such an application?

the other party has no money

Case Rating: *
The father's financial burden and the ongoing dispute make this a strong case for consulting a family lawyer.
General Information:
- The father can still file an application to seek an order for shared costs, even if the other party has no money. The court will assess the financial situations and may adjust the cost-sharing accordingly.
Would you like information on how to proceed with this application?

is a notice of discontinuance risky

Filing a Notice of Discontinuance can carry risks:
- It may allow the other party to continue pursuing their claims.
- The current court orders remain unless changed by the court or mutual agreement.
- The court may still take any allegations (e.g., domestic violence) into account.
Would you like more details on how to manage these risks?

would the evidnce the father already provided be upheld

The evidence already provided by the father would typically remain part of the court record and could still be considered by the judge. However, the court will also weigh any new evidence or developments presented by either party.
Would you like more information on how to ensure all relevant evidence is considered effectively?

so its only if the mother has new evidence

If the mother presents new evidence, particularly concerning the child's welfare or allegations of domestic violence, the court will consider it seriously. The father's previously submitted evidence remains valid but may be reassessed in light of any new information.
Would you like guidance on how to gather and present additional evidence to strengthen the father's case?

what if she is going on a police record form * which the father was not charged, has recieved his citizenship and was not invovling the mother

In court matters concerning children and domestic violence, old police records, even if no charges were laid, can still be significant. The court will still consider the child's best interests and any potential safety concerns.
Key Points:
- Police Record: Even if no charges were laid, the court will review the details.
- Best Interests of the Child: This remains the central focus.
- Additional Evidence: Any new evidence presented can impact the case.
Would you like more details on how to address old police records in family court?

what if there is no impact to the child, an that when the child returned to the father that he improved with school and life

If there's no impact on the child and evidence shows improvement under the father's care:
- The court will prioritize the child's best interests.
- Presenting evidence of the child's improvement can support maintaining or modifying the current arrangement.
- The father's affidavit and school records will be crucial.
Would you like assistance on how to compile and present this evidence effectively?

how can we close off this case, with out extensive financial burden

To close off the case without extensive financial burden, consider these options:
- Mediation or Family Dispute Resolution (FDR): A neutral mediator helps parties reach an agreement.
- Settlement Conference: A judge or neutral party facilitates negotiations.
- Seek Legal Aid: If eligible, legal aid can reduce costs.
Would you like more details on any of these options?

will he have to pay for settlement conference

Typically, parties do not have to pay for a court-ordered settlement conference as the court covers the cost. However, if the settlement conference is arranged privately, there might be fees.
Would you like more information on how to request a court-ordered settlement conference?

yes

Sure, here’s a brief guide on how to request a court-ordered settlement conference:
- Application: File a formal request with the court for a settlement conference.
- Court Scheduling: The court will schedule the date and time for the conference.
- Preparation: Prepare your case, gather evidence, and outline your desired outcomes.
- Attend Conference: Attend the conference with your lawyer to negotiate a resolution.
Would you like more information on how to prepare for the settlement conference?

yes

To prepare for a settlement conference:
- Organize Evidence: Gather all documents like affidavits, school records, and any other relevant evidence showing the child's well-being.
- Outline Goals: Clearly define what you want to achieve in the settlement.
- Consult a Lawyer: Get legal advice to strengthen your case.
- Role-play Scenarios: Practice possible questions and responses.
Would you like more detailed tips on organizing evidence or outlining your goals?

what if the father is seeking */* joint pr with using the current days/nights

If the father is seeking */* joint parental responsibility using the current days/nights arrangement, he should:
- Present evidence that the current arrangement benefits the child.
- Highlight the child’s stability and improvement under the current schedule.
- File an affidavit supporting the */* arrangement.
Would you like more information on how to prepare the affidavit?

what if the mother just wants sole pr to remove the child

In Queensland, the court will always prioritize the best interests of the child. Here's how things typically work if the mother is seeking sole parental responsibility (PR):
- Best Interests of the Child: The court will consider factors like the child's relationship with each parent, the child's needs, and any history of family violence.
- Evidence: Both parents should present evidence supporting their claims (e.g., school records, psychological reports).
- Child’s Views: Depending on the child's age and maturity, their views may also be considered.
Would you like more details on presenting evidence or understanding what factors the court considers in these cases?

is the only way to close this case by agreeing with the other party

No, agreeing with the other party is not the only way to close the case. Other options include:
- Mediation or Family Dispute Resolution (FDR): Helps reach an agreement outside court.
- Settlement Conference: Facilitated by a judge or neutral party.
- Court Decision: Let the court decide based on evidence and the child's best interests.
Would you like more information on mediation or how the court makes its decision?

how do you let the court decide

To let the court decide:
- Gather Evidence: Compile all relevant documents (e.g., school records, affidavits).
- Submit Evidence: Ensure all evidence is submitted to the court.
- Attend Hearings: Be present at all court hearings.
- Follow Court Procedures: Adhere to all court rules and instructions.
Would you like more details on gathering and submitting evidence?

then what

After gathering and submitting evidence, the court will review everything and make a decision based on the best interests of the child. The judge will consider all evidence, testimonies, and legal arguments before issuing a final order.
Would you like more information on what to expect during the court hearings?

is that tiral?

Yes, what you are describing leads up to a trial. During the trial, both parties present their evidence and arguments, and the judge makes a final decision based on the best interests of the child.
Would you like more details on what to expect during the trial process?

the judge and lawyers don't want to do trial so what else can they do

Case Rating: *
If the judge and lawyers prefer to avoid trial:
- Mediation or Family Dispute Resolution (FDR): Engage a neutral mediator to help reach an agreement.
- Settlement Conference: Request a court-ordered settlement conference to negotiate a resolution.
- Consent Orders: Both parties can agree to terms and submit them to the court for approval.
Would you like more information on any of these options?

if the father issues a notice of discontinuance, requesting without prejduce, stating the benefits of the child being in both homes etc and the judge already stating he wont remove any care for either parent, can the mother apply and he still make the orders final

Yes, if the father issues a Notice of Discontinuance, the mother can continue to pursue her application. The judge will consider the child's best interests and may still make final orders based on the evidence and circumstances presented by both parties.
Would you like to know how to strengthen the father's case to support the current shared arrangement?

so if he the father presents a strong affadavid with the notice of discontinuance, and the mother just uses past issues, can it be stronglly considered

If the father presents a strong affidavit with the Notice of Discontinuance, and the mother relies on past issues, the court will consider both. The father's evidence showing the child's well-being under the current arrangement can be compelling. However, past issues, especially if serious, will also be considered.
Would you like tips on how to draft a strong affidavit?

if the child was put back int he fathers care after knowing of DV due to insintuating cirucmstances would they reverse it if the mother went on about it

In Queensland, the court focuses on the child's best interests, even if there were past domestic violence incidents. If the child is thriving in the father's care, that will be heavily weighed. However, the mother's concerns will also be reviewed seriously.
Would you like more information on how to present evidence of the child's well-being effectively?

if the father addresses all the mothers concerns in the trial affadavid with the notice of discontinuance

If the father addresses all the mother's concerns in a detailed affidavit along with the Notice of Discontinuance, it can be quite compelling. The court will review the evidence thoroughly, focusing on the best interests of the child.
Would you like tips on how to draft this affidavit effectively to address all concerns?

if the father does a course

Completing a course, particularly one related to parenting, anger management, or domestic violence, can positively influence the court’s perception of the father's commitment to improving his parenting skills and addressing any past issues.
Would you like more information on which courses might be beneficial or how to present this information to the court?

how does dv in police records impact cases if there is no charges

Domestic violence (DV) records can impact family court cases even if no charges were laid:
- Assessment of Risk: The court will still consider the details of the DV incident(s) to assess any risk to the child.
- Best Interests of the Child: The main focus remains the child's safety and well-being.
- Parenting Capacity: The father’s ability to provide a safe environment might be scrutinized.
Would you like tips on how to mitigate the impact of these records in court?

if the father does a course

Completing a course related to parenting, anger management, or domestic violence can positively impact the father's case. Here's how:
- Demonstrates Commitment: Shows the father's willingness to improve.
- Mitigates Concerns: Addresses past issues raised by the mother.
- Favors Child's Best Interest: Reflects positively on the father's ability to provide a safe environment.
Would you like suggestions on specific courses or how to present this completion to the court?

does it look like hes admitting to being violent

It doesn't necessarily look like an admission of being violent. Instead, the father appears to be addressing past concerns and showing his commitment to improvement, which can be viewed positively by the court.
Would you like more information on specific courses that might benefit his case or how to present this information to the court?

would a udemy course be enough

A Udemy course could help demonstrate the father's commitment to self-improvement, but accredited courses from recognized institutions may carry more weight in court.
Would you like information on more recognized courses or how to present this education effectively to the court?

where can the father complete a domestic violence course online

In Queensland, the father can complete accredited domestic violence courses online through several reputable providers. Here are a couple of options:
*. Relationships Australia Queensland: They offer various online courses related to domestic violence.
*. Lifeline Australia: Provides online counseling and courses focused on domestic violence.
Would you like more details on how to enroll in one of these courses?

if the father completed a qld centre for family and domestic violence course, WORKER SAFETY AND WELLBEING * SEPTEMBER * TOPICS COVERED: Recognising that domestic and family violence is not a private matter | Risk factors when working with victim-survivors of domestic and family violence | Understanding the person using violence’s patterns of behaviour | Implementing safety measures when working with victim-survivors of domestic and family violence | Workplace safety planning | Differences between compassion fatigue and vicarious trauma? | Compassion fatigue and vicarious trauma – risk factors and protective factors | Organisational responses to domestic and family violence risks to workers | Individual workers safety and self-care and DELIVERING INTEGRATED SERVICE RESPONSES

Completing the course you described can be quite beneficial. It demonstrates a proactive approach to addressing past concerns and improving parenting skills.
Would you like more details on how to present this course completion to the court effectively?

if the father addresses the dv with these courses, has done courses on autism, and has previously completed a parenting course, is this enough, the other party states father is in denial of asd diagnosis, violent and bad parent

Case Rating: *
The father's completion of courses addressing domestic violence, autism, and parenting can significantly bolster his case by demonstrating his commitment to improving his parenting skills and addressing past issues. However, the court will consider all evidence, including the mother's claims.

Key Points:
- Course Completion: Shows proactive steps to address concerns.
- Evidence of Child's Well-being: Important to present school records, affidavits, and any other documentation showing the child's improvement.
- Mother's Allegations: The court will also consider these seriously.
Would you like tips on how to compile and present all this evidence effectively in court?

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