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Legal Representation Concerns
Summary
If you are dissatisfied with your legal aid lawyers representation, you can file a complaint with the Legal Services Commission of South Australia. Consider seeking a new family lawyer who can better advocate for your interests. If immediate action is needed to protect your children, you can file an urgent ex-parte application, detailing any incidents of family violence and their impact on your childrens welfare. Gather supporting documents such as emails, messages, or witness statements to strengthen your case.Full Conversation
It is is the federal circuit and family court Adelaide South Australia and I needed representation.
I contacted legal aid and I was assigned a lawyer who only made contact with me at 5pm the evening before FDR
He did not once ask me what my desired outcome for FDR was nor did he seek my instructions for orders I was seeking
When we met, I felt pressured by him to agree to terms that undermined my rights and my aim to achieve custody.
He coerced me to agree to the orders and comply with them, stating if I did, the court would be satisfied to grant me */* care
He then advised me that he needed to go and speak to marks solicitor and would be about * minutes or so
Upon his return, he brought up the childrens schooling for next year.
He then abrubtly asked why i would not agree to the children changing schools.
I began raising valid concerns regarding the school change one being the distance and he cut me off stating he was confused why distance was an issue.
He continued to say, that I wont ever get care of my children again, infact i would be lucky to even get unsupervised time and he continued pushing me to agree to orders without properly advocating for my position.
I contacted my lawyer post-FDR, detailing my concerns about feeling pressured and to have a discussion about filing an aplication on a urgent and ex - parte basis to highlight to his honour, marks actions which constitute family violence, asking him to prioritize my children’s best interests and clearly identify breaches of the Family Law Act.
I also mentioned that at the last hearing there was an order that the ICL be at liberty to re list the matter at short notice
Regrettably, his response belittled my concerns, attributing that my detailed email was written with some sort of AI due to it being lengthy and without merit, asserting that my case could not be heard at this juncture, nor would the orders I was seeking be granted
I believe it's essential to highlight that after my previous lawyer stopped representing me, I took the initiative to thoroughly research the Family Law Act and apply it to my matter
I had to learn how to utilize the Commonwealth Courts Portal to file and serve documents, all without any guidance and I made it a point to comprehend the legal terminology I used.
The response from the lawyer made me feel as though he believed I was too uninformed to have written my email without AI assistance
Throughout these proceedings, it has become evident that Mark has prioritized his personal interests over the welfare of the children, and this matter requires urgent attention.
It sounds like you have a valid concern regarding your representation and the handling of your case. Here are some steps you can consider:
- File a Complaint: Consider filing a formal complaint against your legal aid lawyer with the Legal Services Commission of South Australia.
- Seek New Representation: Look for another family lawyer who can understand and advocate for your interests properly.
- Ex-Parte Application: You can file an urgent ex-parte application if you believe immediate action is needed to protect your children. Given your situation, it is advisable to detail any incidents of family violence and how they impact your children's welfare.
Would you like assistance with drafting the ex-parte application?
- File a Complaint: Consider filing a formal complaint against your legal aid lawyer with the Legal Services Commission of South Australia.
- Seek New Representation: Look for another family lawyer who can understand and advocate for your interests properly.
- Ex-Parte Application: You can file an urgent ex-parte application if you believe immediate action is needed to protect your children. Given your situation, it is advisable to detail any incidents of family violence and how they impact your children's welfare.
Would you like assistance with drafting the ex-parte application?
Yes
Given the urgency and the serious concerns raised, it's important to act promptly. Here are a few steps you can take:
- Drafting the Ex-Parte Application: Clearly outline the incidents of family violence and how they affect the children's welfare. Highlight any breaches of the Family Law Act.
- Supporting Documents: Gather any evidence that supports your claims, such as emails, messages, or witness statements.
Would you like a template to help you get started on drafting the ex-parte application?
- Drafting the Ex-Parte Application: Clearly outline the incidents of family violence and how they affect the children's welfare. Highlight any breaches of the Family Law Act.
- Supporting Documents: Gather any evidence that supports your claims, such as emails, messages, or witness statements.
Would you like a template to help you get started on drafting the ex-parte application?
Write the application for me
Here's a draft for your urgent ex-parte application. Make sure to review and tailor it to your specific circumstances.
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*. Orders Sought
The Applicant seeks the following orders:
- Immediate suspension of current parenting orders.
- Sole parental responsibility for the Applicant.
- Supervised visitation for the Respondent.
- Any other orders the Court deems necessary for the welfare of the children.
*. Grounds for Application
The Applicant submits that the following grounds justify the urgent ex-parte orders:
- Family Violence: The Respondent's actions constitute family violence, impacting the children's welfare.
- Children's Best Interests: The current orders do not serve the best interests of the children.
- Urgency: Immediate action is required to protect the children from potential harm.
*. Evidence in Support
The Applicant relies on the following evidence:
- Personal Statement: Attached as Annexure A.
- Email Correspondence: Detailing incidents offamily violence and concerns (Annexure B).
- Witness Statements: From individuals aware of the situation (Annexure C).
- Previous Court Orders: Relevant orders from past hearings (Annexure D).
*. Supporting Affidavit
I, [Your Name], of [Your Address], in the State of South Australia, make oath and say as follows:
*. Background: Provide a brief background of the case and your history with the Respondent.
*. Incidents of Family Violence: Detail specific incidents, including dates, times, and any witnesses.
*. Impact on Children: Explain how these incidents have affected the children's well-being.
*. Legal Aid Lawyer's Conduct: Describe the inadequate representation and lack of advocacy for your interests.
*. Urgency: Justify why immediate Court intervention is necessary.
*. Conclusion: State your belief that the orders sought are in the children's best interests.
*. Signature and Sworn Date
Signature: _______________
Date: _______________
*. Annexures
- Annexure A: Personal Statement
- Annexure B: Email Correspondence
- Annexure C: Witness Statements
- Annexure D: Previous Court Orders
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Would you like
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Federal Circuit and Family Court of Australia
Registry: Adelaide, South Australia
File Number: [Your File Number]
Applicant: [Your Name]
Respondent: [Mark's Full Name]
Application for Urgent Ex-Parte OrdersRegistry: Adelaide, South Australia
File Number: [Your File Number]
Applicant: [Your Name]
Respondent: [Mark's Full Name]
*. Orders Sought
The Applicant seeks the following orders:
- Immediate suspension of current parenting orders.
- Sole parental responsibility for the Applicant.
- Supervised visitation for the Respondent.
- Any other orders the Court deems necessary for the welfare of the children.
*. Grounds for Application
The Applicant submits that the following grounds justify the urgent ex-parte orders:
- Family Violence: The Respondent's actions constitute family violence, impacting the children's welfare.
- Children's Best Interests: The current orders do not serve the best interests of the children.
- Urgency: Immediate action is required to protect the children from potential harm.
*. Evidence in Support
The Applicant relies on the following evidence:
- Personal Statement: Attached as Annexure A.
- Email Correspondence: Detailing incidents offamily violence and concerns (Annexure B).
- Witness Statements: From individuals aware of the situation (Annexure C).
- Previous Court Orders: Relevant orders from past hearings (Annexure D).
*. Supporting Affidavit
I, [Your Name], of [Your Address], in the State of South Australia, make oath and say as follows:
*. Background: Provide a brief background of the case and your history with the Respondent.
*. Incidents of Family Violence: Detail specific incidents, including dates, times, and any witnesses.
*. Impact on Children: Explain how these incidents have affected the children's well-being.
*. Legal Aid Lawyer's Conduct: Describe the inadequate representation and lack of advocacy for your interests.
*. Urgency: Justify why immediate Court intervention is necessary.
*. Conclusion: State your belief that the orders sought are in the children's best interests.
*. Signature and Sworn Date
Signature: _______________
Date: _______________
*. Annexures
- Annexure A: Personal Statement
- Annexure B: Email Correspondence
- Annexure C: Witness Statements
- Annexure D: Previous Court Orders
---
Would you like
Do an application in a proceeding
It sounds like you’re dealing with a serious situation. Here’s a draft for your application in a proceeding:
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Federal Circuit and Family Court of Australia
Registry: Adelaide, South Australia
File Number: [Your File Number]
Applicant: [Your Name]
Respondent: [Mark's Full Name]
Application for Urgent Ex-Parte Orders
*. Orders Sought
- Immediate suspension of current parenting orders.
- Sole parental responsibility for the Applicant.
- Supervised visitation for the Respondent.
- Any other orders the Court deems necessary for the welfare of the children.
*. Grounds for Application
- Family Violence: The Respondent's actions constitute family violence, impacting the children's welfare.
- Children's Best Interests: The current orders do not serve the best interests of the children.
- Urgency: Immediate action is required to protect the children from potential harm.
*. Evidence in Support
- Personal Statement: Attached as Annexure A.
- Email Correspondence: Detailing incidents of family violence and concerns (Annexure B).
- Witness Statements: From individualsaware of the situation (Annexure C).
- Previous Court Orders: Relevant orders from past hearings (Annexure D).
*. Supporting Affidavit
I, [Your Name], of [Your Address], in the State of South Australia, make oath and say as follows:
*. Background: Provide a brief background of the case and your history with the Respondent.
*. Incidents of Family Violence: Detail specific incidents, including dates, times, and any witnesses.
*. Impact on Children: Explain how these incidents have affected the children's well-being.
*. Legal Aid Lawyer's Conduct: Describe the inadequate representation and lack of advocacy for your interests.
*. Urgency: Justify why immediate Court intervention is necessary.
*. Conclusion: State your belief that the orders sought are in the children's best interests.
*. Signature and Sworn Date
Signature: _______________
Date: _______________
*. Annexures
- Annexure A: Personal Statement
- Annexure B: Email Correspondence
- Annexure C: Witness Statements
---
Federal Circuit and Family Court of Australia
Registry: Adelaide, South Australia
File Number: [Your File Number]
Applicant: [Your Name]
Respondent: [Mark's Full Name]
Application for Urgent Ex-Parte Orders
*. Orders Sought
- Immediate suspension of current parenting orders.
- Sole parental responsibility for the Applicant.
- Supervised visitation for the Respondent.
- Any other orders the Court deems necessary for the welfare of the children.
*. Grounds for Application
- Family Violence: The Respondent's actions constitute family violence, impacting the children's welfare.
- Children's Best Interests: The current orders do not serve the best interests of the children.
- Urgency: Immediate action is required to protect the children from potential harm.
*. Evidence in Support
- Personal Statement: Attached as Annexure A.
- Email Correspondence: Detailing incidents of family violence and concerns (Annexure B).
- Witness Statements: From individualsaware of the situation (Annexure C).
- Previous Court Orders: Relevant orders from past hearings (Annexure D).
*. Supporting Affidavit
I, [Your Name], of [Your Address], in the State of South Australia, make oath and say as follows:
*. Background: Provide a brief background of the case and your history with the Respondent.
*. Incidents of Family Violence: Detail specific incidents, including dates, times, and any witnesses.
*. Impact on Children: Explain how these incidents have affected the children's well-being.
*. Legal Aid Lawyer's Conduct: Describe the inadequate representation and lack of advocacy for your interests.
*. Urgency: Justify why immediate Court intervention is necessary.
*. Conclusion: State your belief that the orders sought are in the children's best interests.
*. Signature and Sworn Date
Signature: _______________
Date: _______________
*. Annexures
- Annexure A: Personal Statement
- Annexure B: Email Correspondence
- Annexure C: Witness Statements
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