QLD Family Court - Dealing with Apprehensive Bias?

[happily dazed]

Thanks again for the feedback Rod and Sammy.

Thanks mention was 16/11/17 Rod so the 28 days has been n gone, and I tend to agree that it sounds like a matter for someone with far greater experience than myself.

It would be fantastic if the matter was about who got which photographs or how to fairly divide the bed linen between us,

But it's not, it's my kids lives, and the time in which I am able to be involved in them at stake, as i am sure is the case for thousands, probably tens of thousands of other dads in a similar, or worse situation than my own.

The outcome of the mention flat out removes my involvement from their school, as well as weekday routine, sports hobbies and all the rest. A pretty significant loss for a paperwork cock up ?

The flip side is they are interim orders, family report is in a few weeks, perhaps that may present a new scenario and things will look a little better then ?

And yeh I hear ya Sammy, it definitely pays to keep up with the paperwork, and present yourself well as self rep,

At present I'm trying to represent myself, and keep up with 4 separate proceedings in 3 separate court jurisdictions.

I got handed a dvo in response to a parent plan proposal, soon after I got handed 7 x breaches of the dvo all at once, as well as a charge for failing to attend a police station for mug shots and ID within 7 days of receiving the charges for the breaches.

I've been trying to make a submission to prosecution regarding the charges, which 4 are from emails that weren't truly to do with the children,

having just attended mediation where an agreement was made to respectfully communicate re: separation incidentals, like bills, property settlement etc, hook line sinker !!

The other 3 are for attending the school disco, sport carnival and for going and helping ex n kids when she called and said car was broken down and they on side of road, hook line sinker

I'm writing an affidavit for a variation and cross order application regarding the temp dv order currently in place

Responding to 2 affidavits and an amended initiating application recently made, as well as all the affidavit material I need to raise prior to the family report for it to be considered during the report process,

And being about as far away from a lawyer as possible, a crane operator, it's a mission to put it mildly,

trying to generate a mountain of documents while and also sonehow live, and support myself as well as keep my s**t together for times I see the kids !!!

It's a bloody nightmare and I wouldn't wish it on anyone !

But I'm not after sympathy and appreciate I'm not alone and no where near the worst of the cases that would currently be under way,

I Guess I'm..... just sayin !!!

Hats off and god speed to all others in a similar or worse situation as my own, it's a game of attrition and a long road to find justice in the justice system !!!

 

[Rod]

Wow (at size of the task) and bummer about 28 days been and gone.

Utilise community legal centres as well for the DVO matters.

When it comes to the final hearing parenting you'll get another chance. Just be ready to move quickly with an appeal if the final hearing is run the same way as the interim hearing.

 

[happily dazed]

Yeh I'm all over the community legal centres like a rash

Usually half hour appts, and with a different person each time, it takes 10 mins to unload documents out of bags, 17 hours to explain them, and then two weeks to reorganise them all afterwards,

It's Hardly worth the effort really !

Especially not when the general advice given after the appts is "wholly crap mate, your pretty well getting screwed aren't you, good luck with all that",
and
"perhaps you should just take the order and the breaches, so then you can focus on family court"

(assuming you can manage to shift your focus from the fact you basically just agreed (without omission) to becoming a convicted woman and child abusing Rapist)

The best quote I've had for a lawyer to represent me in the matters at hand is $60k, and advised to have another $60k on hand in case anything new pops up, which there is 100% possibility they will, usually on a daily basis

Good times all round !!!

WTF !

 

[AllForHer]

My view?

Take it on the chin and learn something from it.

I can’t say I’ve ever read a case in which a party seeking that a judge recuse himself from a matter on grounds of apprehended bias was successful, bar one in which the judge had a conflict of interest. It’s not enough to argue the judge simply doesn’t seem to like you. You would need to prove there is some fact that would make the judge biased against you.

My husband had shreds torn off him at their first mention. He was the Applicant, self-represented, and the judge cut his time by two nights a fortnight to every second weekend. In hindsight, I realise we made many mistakes in the early days, but I learned a lot about this field of law while our proceedings were on foot and he ended up with week-about care for his daughter.

You may find the judge more tolerable if you learn all you can about self-representation in family law, including the FCCA and family law rules.

 

[happily dazed]

Thanks AllForHer

I Will reply shortly