QLD Father Unsuitable to Attend Post Separation Program - What to Do?
- Thread starter Bay
- Start date
I think the judge will care, he’s already been reprimanded in court after the Judge read text messages he sends. I know contravention applications need to be proved beyond a reasonable doubt which is why I was asking to begin with. To know whether to file or do an Application for Interim Orders in urgent basis as there is substantial evidence proving the current interim orders are not in the children’s best interest.
I think you'll find there are thousands of lawyers out there who have had multiple opportunities to file documents, and still file them late. Your ex is self-represented, right?
As I said, the court will not give a damn that the affidavit was 6 days late and will not appreciate time being taken up by you complaining about it.
Even if I am wrong and the court does conclude that a self-represented litigant filing an affidavit 6 days late constitutes "complete disregard for the court", what does that have to do with the best interests of the children?
Thanks for the responses but I think my initial question is being taken out of context.
I am self-represented, the Father has representation.
There is a proven history of violence and alcoholism which has been provided to the court however this was after he provided the details of his reason for not attending the parenting orders program. There is evidence for everything including incidents to the children for example one of the children had duct tape put from his shoulder to waistline by the Father and then it was ripped off leaving large infected sores when returned to my care.
We were both ordered to do the program, I completed it and the Father has been told he is not suitable.
So this brings the question of why is he not suitable and if the reasons justify changing what is in the best interest of the children.
The orders required both parties to attend and participate in this program.
I’m not asking to be judged or assumptions on me intending to to stop the Father seeing the children I don’t think the comments of “that bloke are really appropriate in the circumstances.
I am not someone who has ever denied the father access to the children, I’ve done more than most to make sure the children have a relationship with their father. Even now I am not saying he shouldn’t see them I’ve asked:
Where to from here? Any opinions or suggestions would be great.
E.g. make new application requesting supervised access (another adult present in his home) until he provides further evidence of why he’s been deemed as unsuitable.
E.g. contravention without reasonable excuse
I am self-represented, the Father has representation.
There is a proven history of violence and alcoholism which has been provided to the court however this was after he provided the details of his reason for not attending the parenting orders program. There is evidence for everything including incidents to the children for example one of the children had duct tape put from his shoulder to waistline by the Father and then it was ripped off leaving large infected sores when returned to my care.
We were both ordered to do the program, I completed it and the Father has been told he is not suitable.
So this brings the question of why is he not suitable and if the reasons justify changing what is in the best interest of the children.
The orders required both parties to attend and participate in this program.
I’m not asking to be judged or assumptions on me intending to to stop the Father seeing the children I don’t think the comments of “that bloke are really appropriate in the circumstances.
I am not someone who has ever denied the father access to the children, I’ve done more than most to make sure the children have a relationship with their father. Even now I am not saying he shouldn’t see them I’ve asked:
Where to from here? Any opinions or suggestions would be great.
E.g. make new application requesting supervised access (another adult present in his home) until he provides further evidence of why he’s been deemed as unsuitable.
E.g. contravention without reasonable excuse
If the father is represented then it is his lawyer who would be blamed for the affidavit being filed late, not him. You need to let that one go.
I think you are still looking at this the wrong way.
The Court is not going to waste time trying to work out why Relationships Australia made the decision it made. That would require the Court to put itself 100% in Relationship Australia's shoes, which is impossible and even if it wasn't impossible, would be a complete waste of time.
The Court will no doubt be interested in many of the same things that Relationships Australia may well have been interested in. It is those things that you need to prove.
You can't prove that the father is (for example) dangerous to the children by proving (for example) that someone (not a judge) at Relationships Australia felt that he is or might be aggressive. The reason you can't do this is because you don't know who made the decision at Relationships Australia, what their qualifications to make that decision were, what evidence they considered, whether the father had a proper opportunity to respond, what standard of proof they held them to etc.
You can try to prove that the father is dangerous to the children by (for example) proving that one of the children had duct tape ripped off by the father causing large infected sores.
What would you be relying on as a basis for requesting supervised access?
What contravention would you be relying on? Surely you are not suggesting that your ex's lawyer filing an affidavit 6 days late is sufficient grounds for a contravention order??
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