Hi everyone.
Here is my sad little story:
I am the father of a 2.5yo girl.
September 2018: Shared custody, no criminal or other records, no orders, never started a fight.
My ex partner cancelled any contact between me and my daughter, because I was under an hour late, which I announced beforehand. 10 days later I went to her home, unannounced, my child came running towards me and I took her with me. For her it was the day, Dad would pick her up and she was happy. Police rang me 30 minutes later, because her mother didn't like what happened. I reassured, that everything is ok and they wished us a nice day.
This day I had my daughter longer then her mother would have liked me to have her. Police can't come and take my daughter, so she arrived at my place with her father with 3 minutes announcement, so I can't leave the place.
She tried to enter my home, although I made it clear to her and her family, that she would trespass. I put my hand against her chest and pushed her away, no bruses no harm, no falling and suddenly her father jumped out of the car and started bashing me constantly, while she was entering my home to get the child. The child saw from inside the bashing and also when she came out. When they drove off, they backed into me and I had to move to not get run over.
I then went to the police and applied for an intervention order against her father, because he threatened me to come back. I also went to the hospital to get everything checked.
10! days later she filed an intervention order against me, twisting the story, trying to get protection for her and our child. The Police couldn‘t find enough reason to put the child on the application though.
While my case was scheduled 3 weeks ahead, her case, which was 10 days later then mine would come to court only 5 days later after application, means before mine would.
Me, not being an Australian citizen, but only permanent resident, I started to be confused, of what just happened. People come and taking my child by force and I would have to go to court for domestic violence. That sounds strange. I had a couple of days and I talked to a couple of people and I got the impression, that I could be in serious trouble, if ex missus just puts out more lies, as Julia Gillard apparently made it possible for people to lie in front of court without punishment.
I heard bad cases and I started to feel unsafe in the country I am in, so I left overseas, where I still am.
Court order is 2 years of no contact to my girl (and her mother) – seriously, a court orders separation of child and father, because a mother says something – is this the western world?
So far, not court, legal help Victoria or a community legal centre would help me at least understanding the order in detail. That again, puzzles me. I would have to pay a lawyer to understand the order?
Anyway, I have read, that cases can take up to 2 years and some lawyers are not keen to end a case too early.
The questions I would have:
1. Is it legal to publish the order if I make sure, no conclusion can be made in terms of people involved. And if so, are people here, who could understand and explain?
2. Can I appeal at all and if, without being in Australia? ( I am still afraid they‘d lock me away, because the mother just tells them that I breached the order, even though I didn‘t)
3. What are my chances?
4. What strategy is a good one?
I appreciate any answers and happily come back with more details if needed.
Thank you for reading.
Tim
Here is my sad little story:
I am the father of a 2.5yo girl.
September 2018: Shared custody, no criminal or other records, no orders, never started a fight.
My ex partner cancelled any contact between me and my daughter, because I was under an hour late, which I announced beforehand. 10 days later I went to her home, unannounced, my child came running towards me and I took her with me. For her it was the day, Dad would pick her up and she was happy. Police rang me 30 minutes later, because her mother didn't like what happened. I reassured, that everything is ok and they wished us a nice day.
This day I had my daughter longer then her mother would have liked me to have her. Police can't come and take my daughter, so she arrived at my place with her father with 3 minutes announcement, so I can't leave the place.
She tried to enter my home, although I made it clear to her and her family, that she would trespass. I put my hand against her chest and pushed her away, no bruses no harm, no falling and suddenly her father jumped out of the car and started bashing me constantly, while she was entering my home to get the child. The child saw from inside the bashing and also when she came out. When they drove off, they backed into me and I had to move to not get run over.
I then went to the police and applied for an intervention order against her father, because he threatened me to come back. I also went to the hospital to get everything checked.
10! days later she filed an intervention order against me, twisting the story, trying to get protection for her and our child. The Police couldn‘t find enough reason to put the child on the application though.
While my case was scheduled 3 weeks ahead, her case, which was 10 days later then mine would come to court only 5 days later after application, means before mine would.
Me, not being an Australian citizen, but only permanent resident, I started to be confused, of what just happened. People come and taking my child by force and I would have to go to court for domestic violence. That sounds strange. I had a couple of days and I talked to a couple of people and I got the impression, that I could be in serious trouble, if ex missus just puts out more lies, as Julia Gillard apparently made it possible for people to lie in front of court without punishment.
I heard bad cases and I started to feel unsafe in the country I am in, so I left overseas, where I still am.
Court order is 2 years of no contact to my girl (and her mother) – seriously, a court orders separation of child and father, because a mother says something – is this the western world?
So far, not court, legal help Victoria or a community legal centre would help me at least understanding the order in detail. That again, puzzles me. I would have to pay a lawyer to understand the order?
Anyway, I have read, that cases can take up to 2 years and some lawyers are not keen to end a case too early.
The questions I would have:
1. Is it legal to publish the order if I make sure, no conclusion can be made in terms of people involved. And if so, are people here, who could understand and explain?
2. Can I appeal at all and if, without being in Australia? ( I am still afraid they‘d lock me away, because the mother just tells them that I breached the order, even though I didn‘t)
3. What are my chances?
4. What strategy is a good one?
I appreciate any answers and happily come back with more details if needed.
Thank you for reading.
Tim