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  Child Contact Centre Evidence
Posted by: Rlloyd - 28-Aug-2015, 02:58 PM - Forum: Prepare/Find Evidence - Replies (1)

Can I use no shows to child contact centres as evidence against my ex, or is this privileged information, like the information that is client/solicitor privileged?

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  What can i do to speed things along & get my girl home
Posted by: sue40 - 06-Aug-2015, 09:20 PM - Forum: Prepare/Find Evidence - Replies (6)

I had an appeal hearing yesterday & I am told it will take anything upto 6 months at the moment to get the judgement back.

I had an incompetent lawyer who didn't prepare for trial. I fired them after the initial 3 days of the original trial proceedings. Unfortunately it has left me in a position where alot of the arguments can now not be put forward. 

The children and I put up with arson attacks, i was publicly assaulted twice, cars vandalised, harrassment. theft, the children were abducted at one point and my oldest alienated (although she has since recovered). 

Beth, my 5 yr old, ended up in a residency reversal in october last year - to the people responsible for what ive just listed - although they have never been charged with anything.. 

She is now frequently ill, persistently suffering from bruising, has her communication with me constantly sabotaged, and is desperately missing all her family members who she has been with all her life until these current orders under appeal & often demonstrates violent refusals to return to her fathers (we have changeovers through a contact centre). 

I have tried a new application & it was dismissed. I have filed 2 contravention applications - one for the school holidays with me that she didn't get - & the same bias judge dismissed it - & it had been her own order & his blatant contravention. 

The 2nd contravention had some 18 counts - the judge dismissed all but 4 because she said they weren't worded well enough (& ordered i pay $7k of his costs for the priviledge of that little gem). 

There are 4 counts left to be heard next month, none of which are major enough to bring the residency into question..

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  Second Opinion Report
Posted by: Meridian - 05-Aug-2015, 08:35 PM - Forum: Disputing Family Reports - Replies (5)

Is there any way to get a second opinion before the courts when the family report seems to have bias?

For any serious medical condition I wouldn't think twice about getting a 2nd or 3rd opinion, but are you limited to 1 with the family report?

Any other options other than just critisizing it at the trial?

It would seem to make sense to get another experts opinion before the Judge.

Thanks

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  Documenting Undermine Behaviour
Posted by: Germani - 31-Jul-2015, 11:44 AM - Forum: Prepare/Find Evidence - Replies (2)

How do I best document behaviour from my ex that is designed to interfere with my contact with our girls.

I mean things like the kids not being home on the night that I am to pick them up (she arranged for them to have a sleep-over with friends that night).

Or not allowing the girls to answer the phone when I call, or hurrying the girls to finish talking to me on the phone (in less than 30 seconds) because they are always allegedly in a hurry for one thing or another.

Or when the girls are with me, the mother gives the girls all this apparent home work (not real home work, but reading certain books), which stresses the girls out and they refuse to even go to the shops with me for fear that they will not finish the book reading.

It is not a matter of one big thing, but numerous little things that undermine my relationship with my kids. I basically have no say with my girls, regardless of whether they are will me or with their mother.

However I find it difficult to document these issues. Should I try and take photos or record audio?

Should I simply write it down like diary entries?

Which way would a court prefer such issues to be documented for the purposes of being used as evidence?

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  Report Writer bias
Posted by: JGermani - 24-Jul-2015, 10:03 AM - Forum: Disputing Family Reports - Replies (2)

I am just wondering how easy or hard it is to not just dispute the family report, but to somehow remove the psychologist from your case?

Our psychologist, who is apparently preparing a family report, is a female who has made some negative comments to me, suggesting that she believes what my ex told her without seeking any proof.

She has also seen my ex 4 times, twice without the kids, and I suspect that they have a friendship that is outside the professional situation.

If I can prove this friendship, is it possible for me to get her discharged from the case?

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  Phone recordings
Posted by: SingleDad - 24-Jul-2015, 08:11 AM - Forum: Prepare/Find Evidence - Replies (6)

I have recorded my wife on my iphone threatening to prevent me from seeing my kids again.

I also two genuine phone recordings of my wife, one on an answering machine that continued to record after I picked it up, and the other is a recording I organised myself with a device attached to the phone.

I would like to know whether legally I am allowed to submit any of these recordings to Police or to Court as evidence?

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  Family Report attendance
Posted by: Clark - 23-Jul-2015, 08:41 PM - Forum: Preparing for a Family Report - Replies (4)

My ex has just been interviewed by the family report writer, but I have not yet been contacted.

Does the report writer always interview both parents, or do they sometimes rely on only what one parent says?

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  Parenting Plans
Posted by: Jake01 - 23-Jul-2015, 03:09 PM - Forum: Prepare Parenting Plans - Replies (5)

Can anyone share with me any good example parenting plans for parents who have shared care of two kids?

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  Subpoena of medical evidence
Posted by: Claudine - 23-Jul-2015, 02:20 PM - Forum: Submit a Subpoena - Replies (2)

Hi,

My ex-partner has recently made some pretty extreme allegations about me, accusing me of some terrible acts of child abuse.

This has come out of the blue, as we have been co-operating quite well with the kids lately.

Although I was really shocked by these allegations, they were not entirely unexpected given that my ex has experienced psychological issues on and off since I first met him.

I have recently been told that he visits a psychologist near his work, and I am worried as to how his strange paranoia may end up affecting the kids one day.

If my ex was to take me to Court (I am assuming that this will be his end-game given the nature of the allegations), can I subpoena his psychological records from his psychologist?

I am asking this question because I have been given conflicting information on this, but can remember references to client/patient privilege that I often hear on TV shows.

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  Writing Affidavits
Posted by: Deric - 23-Jul-2015, 07:46 AM - Forum: Prepare an Affidavit - Replies (3)

I separated about 2 years ago. Initially, my wife would allow me free access to my daughters, so we had a fairly flexible arrangement. Despite the separation, our arrangement with the kids worked well.

However recently I met a new woman, who I have done my best not to flaunt in my wife's face, but she eventually found out and since then she has been making life hell for me when it comes to contact with my girls.

Ironically, she doesn't want me herself, but she also doesn't want me to be with anyone else.

Anyway, I have tried everything with her, even offering to pay for mediation, which she has refused in writing.

So I figure that I best start preparing for Court, in case it heads down that way, because I don't know how much longer of this I can handle.

So I am looking for tips on how I should write the affidavit, what infomation I should put in it, what to leave out, how long it should be..etc.

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