I have been served a form 8 application to change custody and support.
I intend to file a form 10 answer. I am not getting a lawyer.
I can't get to FLIC due to my work schedule.
I am hoping to get help on this part of the form.
"In numbered paragraphs, please explain the important facts that form the legal basis for your disagreement with each claim made in the application."
I would like to know if:
a) are there any style or language rules I need to follow.
b) I have arguments to dispute the applicants claim for custody but I am unsure if they qualify as 'forming the legal basis' for my claim. I don't fully understand what I need to write in here. i.e. do I bother giving examples of how and when the applicant has not exercised his access to the children or is this considered petty mud slinging? Could I write things I have no evidence to prove i.e. my ex said he didn't want the children more than one day per month becuase he was too busy?
c) I would like to attach documents to support my claim. i.e. emails to and from the applicant and my file notes from CAS (I already have a copy of my file). Can I simply attach these to my application or is there a process or form I need to complete?
d) In the applicants application he makes reference to letters of support and notes they are attached. They were not attached to my copy. How do I get a copy and request this in the proper place and format?
e) The applicant has lied numerous times in his application. I would like to dispute his claims. Can I simply write "I dispute that I did XXX" and "I dispute that I said, "XXX". What is a respectable way to dispute a lie without saying "that arse lied through his teeth"?
f) in the family history section my ex lied about the details of his affair. I can prove it went on for years and not a month. Should I bother arguing this point?
Thanks!
two kids
I intend to file a form 10 answer. I am not getting a lawyer.
I can't get to FLIC due to my work schedule.
I am hoping to get help on this part of the form.
"In numbered paragraphs, please explain the important facts that form the legal basis for your disagreement with each claim made in the application."
I would like to know if:
a) are there any style or language rules I need to follow.
b) I have arguments to dispute the applicants claim for custody but I am unsure if they qualify as 'forming the legal basis' for my claim. I don't fully understand what I need to write in here. i.e. do I bother giving examples of how and when the applicant has not exercised his access to the children or is this considered petty mud slinging? Could I write things I have no evidence to prove i.e. my ex said he didn't want the children more than one day per month becuase he was too busy?
c) I would like to attach documents to support my claim. i.e. emails to and from the applicant and my file notes from CAS (I already have a copy of my file). Can I simply attach these to my application or is there a process or form I need to complete?
d) In the applicants application he makes reference to letters of support and notes they are attached. They were not attached to my copy. How do I get a copy and request this in the proper place and format?
e) The applicant has lied numerous times in his application. I would like to dispute his claims. Can I simply write "I dispute that I did XXX" and "I dispute that I said, "XXX". What is a respectable way to dispute a lie without saying "that arse lied through his teeth"?
f) in the family history section my ex lied about the details of his affair. I can prove it went on for years and not a month. Should I bother arguing this point?
Thanks!
two kids
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