The applicant has been ordered to undertake drug testing and hasn't complied with these orders since the were made over 2 years ago. Subsequently, the applicant's time with the children was suspended for approx. 22 months ago. The applicant attended the readiness hearing and says he has no evidence, no witnesses yet still wants to go to trial.
A bit of background: the children and I were victims of prolonged family violence. I have a VRO protecting me. The applicant used to threaten me with family court proceedings during violent attacks. There have been several applications by him over the years as he thinks he can use the court to get his way.
I have made him offers to settle which he ignores. The ICL is useless and doesn't provide any info, and has been in my favour the entire time. The single expert witness report doesn't meet the family law rules 2004, how do I bring this to the courts attention? Should I bother?
Why is it that the family court will allow a trial to go ahead if he admits having no evidence and has not complied with any interim order? I have emails from him, to the ICL and I, where he says he will never agree to anything I propose.
I'm owed 15k in child support, and will be seeking this be paid if we go to trial.
I also would like to get my costs covered.
We're both self-represented, so who pays for the trial?
I'm seeking sole parental responsibility and custody of children, and they spend no time with the father based on his drug addiction and the children's exposure to family violence (they're both under the age of 7, one has significant special needs with multiple disabilities which the father refuses to acknowledge).
I haven't let the family court know the full extent of the violence, in fear of being seen as an unfair parent and due to poor advice from a legal aid lawyer. I need to make them aware now, but they don't want me to file a form 4. Do they need to know how violent the applicant is? How do I make them aware?
Any help would be appreciated.
A bit of background: the children and I were victims of prolonged family violence. I have a VRO protecting me. The applicant used to threaten me with family court proceedings during violent attacks. There have been several applications by him over the years as he thinks he can use the court to get his way.
I have made him offers to settle which he ignores. The ICL is useless and doesn't provide any info, and has been in my favour the entire time. The single expert witness report doesn't meet the family law rules 2004, how do I bring this to the courts attention? Should I bother?
Why is it that the family court will allow a trial to go ahead if he admits having no evidence and has not complied with any interim order? I have emails from him, to the ICL and I, where he says he will never agree to anything I propose.
I'm owed 15k in child support, and will be seeking this be paid if we go to trial.
I also would like to get my costs covered.
We're both self-represented, so who pays for the trial?
I'm seeking sole parental responsibility and custody of children, and they spend no time with the father based on his drug addiction and the children's exposure to family violence (they're both under the age of 7, one has significant special needs with multiple disabilities which the father refuses to acknowledge).
I haven't let the family court know the full extent of the violence, in fear of being seen as an unfair parent and due to poor advice from a legal aid lawyer. I need to make them aware now, but they don't want me to file a form 4. Do they need to know how violent the applicant is? How do I make them aware?
Any help would be appreciated.