QLD Queries on Judgement Hearing?

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Migz

Well-Known Member
20 November 2016
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Hi All,

So I finally got home after a week away, only to find to following, and would like help or input.

1. Got email from commsportal saying the next hearing is listed for this week (after being adjourned at the Judges discretion back at the start of the month) and is listed for Judgement (finally might get some proper interim orders as its only been a year now). Question, what is a Judgement hearing and can any changes be made on the day?

2. Got another email from commsportal saying that the Ex has changed her notice for service and has now lawyered up. Question, does this mean that this lawyer will be representing the Ex on the day of this Judgement Hearing?

3. A week prior to going away I asked the ex if she would be agreeable to allowing me "makeup time" when I got back and outlined the days and times I would be missing (totalling 15 hours), I never received a response from her, but did get an email come through from her asking "when will you be back home?"

Question, I haven't responded to this email as I am now back, and secondly, do I now send my request for "makeup time" to her newly appointed lawyer?

Cheers
 

sammy01

Well-Known Member
27 September 2015
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Last question first - contact her - via text. Be very nice:

Dear ex, I am back home. Would love to see child. I have provided you with a list of suitable times but would be willing to compromise with you.

2nd question - Yup, I reckon it means solicitor will rep her in court.

Question 1.... Don't know.

Where are you up to with the avo?
 

Migz

Well-Known Member
20 November 2016
325
43
719
@sammy01... I will respond to the avo post and give an update when new news comes to hand. So far, everything has been adjourned until mid Oct with 2 court cases in the same week. Other than that I haven't sighted a QP9 from the police or any paperwork at all truth be told. But will follow it up this week.

As for the correspondence with the ex regarding make up time, great advice, and thankyou, (it will have to be via email, been blocked via text for months now) but shouldn't it go via her solicitor now?

Oh and we have both been allowed to attend via phone for the FCCA "judgement", so I take it her legal rep will be taking that phone call now?!?!?

Cheers
 

sammy01

Well-Known Member
27 September 2015
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So communication directly with her is more efficient. I you don't get a response go through solicitor. But just keep the communication about child access and be overly polite so IF she goes to the cops to try and claim harassment you can show the cops that you're playing nice.
 

Migz

Well-Known Member
20 November 2016
325
43
719
So, I asked the question directly and politely as outlined above even asked about our 1 year old daughters current state and how her week at daycare went only to get this response;

"The visits will commence again on Tuesday as per normal or what the Judge orders on Tuesday. There will be no make up time."

She has got be the most spiteful, negative, and hate filled person I have ever met on this planet. She couldn't even respond with an update on how our daughter is going or how her week was.

Cheers
 

sammy01

Well-Known Member
27 September 2015
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2,894
Tough pill to swallow, but you chose to go away...not her... If she went away for a week, she would definitely owe you make-up time. But not when it is the other way around... You can offer to take the child to make up for time lost, but she doesn't have to agree....

I know, I know...

Yup could not even update you... I agree she is being nasty but you took my suggestion and corresponded directly with her... You could have written to her solicitor, it would have cost her money and it would have taken longer for you to get a response...

Let's face it, you got the response that you would have expected, true?
 

Migz

Well-Known Member
20 November 2016
325
43
719
@sammy01... Yes I see your point, but I did do the right thing and let her know well in advance. And in response to your final sentence....Yes, I got the response I knew I was going to get. I know this woman to well now. I have learnt a lot from the Mens Group therapy course and to not let it get to me, and play the long game.
 

sammy01

Well-Known Member
27 September 2015
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Oh wow you have a men's group... Half ya luck, I was involved in a group, it was more than 100km from where I live, but it was a good outlet.... Sadly, they had to shut up shop because no-one would rent them a space to hold meetings etc, etc.

But you're right, you have to learn to play the game and you're getting better at it. For what it is worth I do think there are plenty of issues with this system and some of them are a real challenge to get your head around.... All we hear in society is about the importance of equality, but family law doesn't sing that song....

My greatest fear for you is you'll become one of those heart breaking cases where the judge decides to grant the mum sole parental responsibility, not because she is a good mum, but because she has manipulated the system and the child.... But I reckon you're well on your way towards avoiding that because you have not lost your nanna as a result of her antics.

Just stay calm
 

Migz

Well-Known Member
20 November 2016
325
43
719
So I just had a judgement hearing. And guess what no increase in time has been granted to my daughter to spend time with me. I'm still only allowed 15 hours out of a 336 hour fortnight with my one-year-old daughter.

I have been granted a trial date in March 2018. Then she says in the next breath, you realise this early trial date will hurt your cause.

I said to the judge how come you followed the court report to the letter for everything else accept the part about increasing my daughter's time with me. She responded I've already answered that.

This system is the most despicable thing I have ever come across. What a load of s**t this whole ordeal has been.

So much for "growth in time" with toddlers...
 

sammy01

Well-Known Member
27 September 2015
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OK, so I'm really sorry and I can't help but agree the system is screwed...(kinda)

Look, the system is only as good as the people using it... So maybe the system is OK... Your ex is the problem. So why do you think she didn't update you after you went away? Not just because she is nasty.... It is a win-win to her. She gets to be nasty to you and it helps establish that you guys can't communicate and as such can't co-parent...

Now it would appear that the magistrate has given you a hint at their plans and it isn't good. Is it worth considering a strategic withdrawal?

My thinking:

1. So look one of the problems is the age of the child. How can a magistrate really make orders pertaining to what might be in the best interest of the child in another year? Or two years? It would appear the mag has already hinted at what the final orders will look like. You're not looking like getting overnights through court? So why keep up the fight?

2. Rice and Asplund... You won't be able to go back to court in 2-3 or 4 yrs time just because the kid is older...So seeking an agreement now might be a better idea.

3. Patience and time... You're not gonna win this one through court based on your most recent post.... true? OK so withdraw, seek consent orders through her solicitor... She is now having to pay legal bills, she might be prepared to accept a little bit more via consent to save her the $$$. And it ends the war...

Mate I don't doubt your ex is on the crazy spectrum. I'm not interested in trying to diagnose people, I'm not a shrink and any diagnosis takes time... But I'll make one exception.... Clearly she is mad... And she is mad at you... Fighting this in court is throwing petrol on a fire... Sucking it up right now might be the best option.

4. Kids grow - At the moment, she is holding onto the argument that you need to be kept away from the kid, She is super mum and you are drop kick dad.... Soon enough she will be on the prowl for some other sucker....

Mate my time increased as soon as she found the new love of her life... It takes some sort of personality disorder and normal folk like you and me can't even try to get our heads around it but once the new bloke came along she had something new to be infatuated with. She will tell you that the kid loves her new daddy blah blah...

I even copped that it would be better for the kids if I disappeared, now the new daddy has arrived and he is soooo much better with the kids than me... And having me around is only confusing them blah blah... Then all of a sudden she wanted to tell me all about the dirty weekend she had planned, but got the wrong weekend, she needed me to look after the kids. She realized I was an on-call baby sitter and I was only too happy for that realization.

5. Puppy dogs.... yup - see when they are babies people come and tell mummy how beautiful the little baby is. Crazy mummy sees this as personal praise directed at her for the perfect little creature she created (all on her own). But it doesn't last... They are called the terrible two's for a reason. Once cute baby stage ends and people start telling her to control her child she will be looking for an escape. You.

6. She will calm down (or find a new target). There have been a few (few) instances where me and the ex have been amicable... I hate her with a passion, but for strategy's sake I've buried the hatchet... But she won't calm down while court proceedings are afoot.

7. This is the big one. The game isn't called Family Law. The game is called Good Dad. Do what ever it takes to make sure you have a meaningful relationship with your kid as best you can. A strategic withdrawal now might see you losing the game called Family Law. But it might see you scoring a point in the game called 'good dad'.

Mate I get it... I really do... my youngest guy was 6 months old when I got kicked out. I stupidly thought that I would be better to forget about him. I thought he would never bond with me because I wasn't there for a few months while the ex refused access. I was wrong, if anything that little 6 month old who is now 6 idolizes me more so than the other two.

8. The biggest one. you mentioned a men's support group. If it was anything like the one I went to it was full of bitter men. Men who have not seen their kids in years. Men living in poverty because they borrowed so hard to pay solicitors to do contraventions on the ex for now following court orders. It is gut-wrenchingly sad s**t. Maybe a strategic withdrawal now might be the best way of avoiding that reality...

Two final thoughts.

The cases that cause me the most sadness to read are the ones where primary carer gets sole responsibility not because the other parent is dangerous, but because the primary carer has so manipulated the kids that they live in fear of their other parent and the magistrate has to concede that forcing traumatized kids to spend time with someone they live in fear of is not in the kids best interest..... I don't want you to become one of them...