QLD Subpoena phone records

[Vee787]

Hi, I am seeking advice on how to subpoena Telesta, vodaphone and Optus. Do I need to subpoena them separately or can they be subpoena under a teleco banner with someone else. Does anybody know there details and conduct money etc.
I also need I to post a cover letter as to why I need these records. The other party has other phones in use but I will need to address this professionally and that it helps in the case of property matters/family matters as he is conducting business secretly.
Many thanks

 

[Atticus]

The other party has other phones in use but I will need to address this professionally and that it helps in the case of property matters/family matters as he is conducting business secretly.

So how much money are we actually talking about?

 

[Vee787]

Hi Atticus, thank you for your response. I spoke with the Telstra subpoena team and I have issued a subpoena to the registar in the family law for approval. I’m in search of the integraged public data base and seeker information (the applicant stated he had another phone to the police but said it was not in use - information in subpoena document). I will await that outcome.

I currently have an Mallegan matter in the family law court, no evidence to support the abuse. We recently had new interim orders, and the father failed to pick the child up, but rather had his solicitor try and manipulate and blame me and introduce new dates, times locations that are not listed on the orders. I did not respond to the new dates, times etc but noted he had contravene the orders. The fathers instruction further went on to allocate another new time for pick up and stating I had too agree. I again confirmed I attended the orders date, time location and the father was the one in contravention not me. I believe this action from the father was deliberate, as the ICL was on holidays and to get me to agree outside the court orders. The daycare director confirmed with me the fathers confirmation with her on the Friday before pick up on the Monday.

Is it in my interest to apply for a contravention order?

We have a case management coming up to decuss Asplun and Rice, the father is seeking change of residency, the family report stated for the child to live with the mum. The abuse claims have come back ‘unsubstantiated’, from Child safety for the father and ‘unsubstantiated’ for me as the father claimed emotional abuse.

Do you have any assistance going forward. This case is very messy.

Many thanks

 

[Atticus]

The other party has other phones in use but I will need to address this professionally and that it helps in the case of property matters/family matters as he is conducting business secretly.

My question as to how much money are we talking about was an assumption that the phone records relate to business dealings that may be related to a property settlement... In that case, you would need to weigh up the cost of pursuing it against the possible benefits even if secret business was proven.

The abuse claims have come back ‘unsubstantiated’, from Child safety for the father and ‘unsubstantiated’ for me as the father claimed emotional abuse.

Do you have any assistance going forward. This case is very messy

Without knowing any details, my only observation is that the the family courts (Magellan program) priority focus will be on assessing risk to the children.... If there are no serious risks then my advice is that you move quickly to consent orders & stop lining the pockets of lawyers.... Children's matters can go on for years, & can run into hundreds of thousands of $ in some cases.

Having spent all that time & money getting orders, the situation in 2020, is that under the revised S68R of the FLA, a state or territory court can suspend or vary any or all of your parenting order, just on a granted private family violence application.... based only on the grounds that the applicant does or may hold (or may in the foreseeable future) some fear.... That bar is almost at ground level.

 

[Vee787]

Thank you Atticus, yes the subpoena for hidden business and illegal photographs. There’s is risk to the child but he is using albei so it’s 3 adults against a 5 year old. They are aware of what is happening and lied to the police. The family court do not go easy on mums with no evidence. I am self represented, trying to get legal aid.
the family report set up safety measures for the child but the OP skipped the drug/alcohol testing in our last court date before Christmas arguing out other trival things And it did not make it to the new interim orders.
I recently attended DV court for stalking and surveillance on me but the judge needed more evidence To place the order on him. The judge was asking if we had more. The judge stated to the OP that he is ‘emblished’ in his facts and on the cross examination stand. The judge could see that I was abused by the OP but could not use past abuse as the current abuse did not have enough evidence. The judge stated to my barrister that if anything comes up in evidence to return to the court immediately.
I feel like I’m stuck between a rock and a hard place, the child is being abused and the OP is cunning. The court system I’m just another number.