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SA Affidavit from Previous Hearing Classed as Evidence?

Discussion in 'Family Law Forum' started by okanynameyouwishthen, 4 September 2016.

  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Hey all,

    Firstly...a huge, huge, huge Happy Father's day to all dad's & especially to the ones doing it tough on this ** ( input expletive ) ** day! Anyone struggling, please pick up a phone & talk...to anyone...Please!

    Right, my question is - in preparing for appeal procedural hearing, it's dawned on me that the other party's trial affidavit & case outline whilst retaining the same b/s & untruths to sell the story, complete with annexures from previously filed affidavits, the actual affidavits themselves are not contained.

    AS a SRL, I recall being asked by judge what affidavits I wanted to rely on at final, to which I said, "All of them as they all contained refuting evidence to constant false accusations devoid of any proof (her side).

    I've started preparing notes to have in front of me as the judge no doubt starts to grill & discredit my "grounds" & I wanted to be able to state "page xy & paragraph z" she said blah, blah, blah.

    Trial judge made findings of facts that are clearly wrong as can be found in 1 or the other of ex's affidavits, but are they even classed as being in evidence now?

    Hope that makes sense.

    Cheers
     
  2. Lance

    Lance Well-Known Member

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    Hi, you lost me a bit. As long as they haven't discounted on other grounds (conflict) or they are deemed not admissible other documents submitted to the court can be referred to as evidence. If the court failed to consider evidence submitted you should speak with a lawyer to help prepare your appeal to highlight the error.
     
  3. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Apparently, it doesn't matter what I think, or even if I can show evidence that contradicts finding of facts from trial judge, according to a very appeal judge, who took great delight in yelling his disapproval at my lack of legal terminology, and tempered mistrust in this system of law. After 4 nauseating hours of the most intimidating, belittling and out of order experience of my 40 odd years, I am left waiting for his reserved judgment now that he made sure to have a dig about - "Don't dare think you'll be receiving that within your 3 months time frame either."

    Obviously, a parting shot against my opening the submissions, referencing the FLC's own publications stating final hearing decisions when reserved are usually delivered within 3 months, thus waiting near 8 months for mine, logically made them unusual and whilst not a ground of appeal, the lengthy wait for judgment should attract closer scrutiny.

    Can anyone confirm if these judges attempt to "psyche out " SRL's?

    I ask only due to his totally disproportionate dislike of me and all that I stood for. He reiterated several times that should I lose I will be up for thousands of $'s and repeatedly putting multiple choice questions at me(loudly) and barking at me to make a decision. It saddens me greatly that these type of people are presiding over such important issues as children's rights, yet don't seem to appreciate that a legally untrained labourer forced to be a SRL & done the best he could and is already intimidated enough, treating them as pieces of crap, yelling, threatening, belittling them and then demanding they stay focused and engage at his level of conversation is self defeating.

    On a side note, if the administration of justice is such a be all and end all to these types, when presented with irrefutable evidence that shows gross misleading conduct from "officers of the courts", why carry on all offended like and refuse to even contemplate such a thing being possible? Refusing to listen about it and "suggesting" a SRL drop it in a condescending tone doesn't make the issue go away.

    Back to writing my gut-wrenching journal for my 8-year-old to learn one day why exactly she was forced to suffer without a loving, gentle, committed father in her childhood, as I expect she will have some very relevant questions needing truth when she is older. I've tried my absolute hardest to do just that for last 3+ years, but this week's disgusting lesson on Australia's Family Law system and the unethical soulless pigs that have made it all about their own ego's is just too much.

    I fear I will revert to acting out and demonstrating the violent, hostile father they have been accusing me of for this entire time if forced to endure further corrupt "brotherhood" antics. Another win for the man hating legal reps I guess!
     
    RosieR likes this.
  4. Lance

    Lance Well-Known Member

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    Hi, anyone would have been intimidated in that situation and I don't know how anyone self represents in a family law case. It's very hard not to take what is being said personally and hide your emotions.

    Did you try legal aid? I hope you can find a way to spend time with your 8-year-old.
     
  5. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Hey Lance,

    Had legal aid at the start and she didn't turn up to the very first hearing! Never notified me and yet she did notify the fill-in whom she sent in her place. Met him 5 minutes. before the matter was called on in the court foyer and he knew my name and not much more! Worse was he seemed in awe of the barrister representing the ex that day and basically told me to just sign these consent orders and I would be seeing my daughter early in new year.

    It was November and hadn't seen my girl for 5 months (5 years old at time). Just about to sign as all I heard was "see your daughter again " and I said " Wait up, what about Christmas?"

    His reply that I'll never forget was " Sir, I wouldn't push it and be grateful with what you are offered". Told him I wasn't signing nothing till it said I'd see my daughter Christmas and after stand-off & some raised voices, over he went, blew smoke up the bum of this idolized elderly barrister and basically apologized for being a fuss. That lot cost me a $5K caveat on my house (which in reality is my daughters at end of day).

    Had I been explained to what signing them orders from that day forth would portray me as to the court, I'd never have signed them! They started 12 months of intense supervised contact centre visits of 1.75hrs each fortnightly Sunday and never ending drug screenings. 5 wicked contact centre reports, 1 dodgy pee test in 3 years that was mid 2014, a "non addiction report" from drug counselor, a self referral to Mum's house/dad's house counseling, self-referred post-separation counselings, and 5 court ordered sessions with a perpetrators domestic violence counselor that I walked out on after 4.

    Of those, most were debates about the system as a whole & his belief that it was near faultless & refusing to accept that the court would send me there without it being warranted. This, despite my admissions that I fully acknowledged heaps of verbal abuse, that I felt was equally given and got.

    I refused to "admit" to physical abuse that didn't occur and actually set him up in sorts at final session when I led him into fully agreeing that a persons past has great usage for pattern behaviors to be predicted/observed etc. & the courts had near fail proof "tests" to determine these things, hence why I was there. He was for the first time in all sessions absolutely lost for words and reduced to a flushed, stammering fool when I produced the paperwork extensively detailing the assaults, stalking and property damage I received from a woman I dated briefly and that I was forced to take out a restraining order on(as they were back then).

    I told him in short that due to my ex being in the house when the last assault from this woman happened and my taking a beating before subduing her on my front lawn until cops arrived to arrest her-for the 2nd time that day. Due also to the fact I never laid a hand on her more than I needed to and being commended by cops for it as well as them apologizing for releasing her on bail in first place and for the real headfu**s it gave me as she attempted suicide by slashing her wrists on her release after the weekend holding that she left me voicemails regarding, I felt that I did actually deserve the right to be utterly offended that:

    (a) ex, knowing all this would lodge false accusations and

    (b) the courts would simply rubber stamp them as being legitimate even minus the basic of evidence to corroborate and

    (c) I'd listened to his "social science" recently learned from books for close on 8 hours and due to fact I was insightful enough to end the relationship due to the increasingly frequent nature of arguing that was being witnessed by growing child.

    I felt that yes, I was aware and ashamed for her witnessing 2 people argue, not me by myself.My offer to further debate the near perfect system that I suggested he may be slightly biased regarding seeing as it keeps his wages rolling in , was eventually scoffed at and my papers slid back across desk and him saying " this changes nothing" was all i could stomach of that.

    I vowed to never give up on the greatest achievement of my life and the 1 greatest love I will ever have and It has potential to render me not worth knowing at the end as it is all consuming and so unnecessary.

    I get that a lot of guys might bemoan the system and players involved but I know damn well that I never hit ex and sure as hell never hit my child.I would give my life for her and its reached a point whereby fighting this corrupt anti dad team that I drew to be pitted against will cost me mine if I go on fighting it any longer.

    You can only take so much bu**sh*t and I know for a fact I've taken enough for 3 blokes in this. When you can't get listened to when you are waving 100% verifiable proof that a solicitor and barrister have both willingly mislead the courts, complete with knowingly false affidavits sworn and filed, through over inflated egos risking losing against a dumb ar*e gardener/labourer first in the lower court and then appeal court.
     
  6. Lance

    Lance Well-Known Member

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    Hi, I'm really sorry you are going through this and I'm sorry for your daughter. I would like to think it wasn't the system that is failing you, just a few individuals but it does seem in many cases the odds are stacked against the father. The slightest hint towards abuse and you are guilty before you have opened your mouth. I don't have a lot of ideas but to seek counselling referral from your GP or groups that offer emotional support.

    I really hope you keep fighting this injustice and can find a way to get the system to work.
     

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