07-Aug-2015, 12:30 PM
(06-Aug-2015, 09:20 PM)sue40 Wrote: 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..
Sue,
When judicial officers are exposed to allegations of extreme behaviour by one parent against the other, they are typically in a legal dilemma which they address individually, depending on their own philosophies.
Judges have to consider a legal standard called “unacceptable risk” on the one hand, which if extrapolated basically states that the more extreme the allegations, the lower the standard of proof required to limit contact of the accused with the child.
However, on a more intuitive approach, the more outlandish the allegation, the more likely the judge is not to believe the accuser.
So, some judges play it safe and suggest that if an allegation is serious enough, even without proof, some form of action should be taken to protect the children, just in case.
Whilst others refuse to ‘award’ what they see as unreliable or false allegations, because they see that as even a worse form of abuse.
I suspect the judge in your matter falls into the latter group, and perhaps your evidence was not believed.
As such, you may have to re-look at your evidence and ask yourself the question as to why you were not believed. Only then can you determine the best way forward.