NSW Domestic Violence - Single Father's Right to See His Daughter?

[Jay1984@]

As I said in last post, she had locked frankie in car so I couldn’t see her... I was then arrested!
Ok so everything has gone real bad...
I’ve faced 11 charges in total due to wanting to see Frankie... no violence but so called harassment and breach’s of avdo...
Mediation has been refused...
Now I’m left to pick up pieces of shattered life and try family court to see my daughter..
Main questions are what exactly should be in the affidavit? And what is a notice of risk?
As much info as possible about everything I’m about to face would Be fantastic

 

[Jarrad1984]

As I said in last post, she had locked frankie in car so I couldn’t see her... I was then arrested!
Ok so everything has gone real bad...
I’ve faced 11 charges in total due to wanting to see Frankie... no violence but so called harassment and breach’s of avdo...
Mediation has been refused...
Now I’m left to pick up pieces of shattered life and try family court to see my daughter..
Main questions are what exactly should be in the affidavit? And what is a notice of risk?
As much info as possible about everything I’m about to face would Be fantastic

 

[Migz]

15 September, 2018, you breached the DVO, by trying to see your little girl. You then got a mediation date for the 10th October, 2018, why are we now 2 months later and you haven't filed your Federal Court Paperwork as of yet...what happened on the 10th Oct, and why have you waited another 30 days to do something?

What should be in your affidavit, is a point by point breakdown, with dates at the front, giving the reader a running story, and then have it backed up by evidence called annexures, if possible break it down in to headings.

Refer to this website for a good outline

affidavit | Search Results |



a rough example below;

PARENTING TIME

(1) The Mother, XXXX, has not allowed for any growth in time and/or stepping stone to be implemented, even after numerous requests from the the Father, XXXX.

(2) On the 23rd September, 2018, the Father emailed the Mother's solicitor the proposed stepping stone timeline he was seeking and received no response.

(3) On the 26th September, 2018, the Father emailed the Mother directly the proposed stepping stone timeline he was seeking and received no response.

(4) On the 29th September, 2018, another email was sent to the Mother requesting an increase in time and to include overnight stays as even the child had requested numerous times to “stay longer daddy” when she knew it was time to go. Once again no response was received.

(5) The orders the Father is seeking is to provide a stepping stone approach to growth in time with the Child leading upto the fair and equitable parenting arrangement of 50/50 shared care which is in the Childs best interests.

(REFER TO ANNEXURE A) (Copies of emails attached)


Notice of risk is fairly straight forward. Unless your ex is a violent, drug taking, alcoholic... then this is where that gets brought up

 

[Jarrad1984]

I was imprisioned for 2weeks just before mediation was Ment to start
Then not allowed back to my house while on bail.. broke and behind in mortgage
Then mediator cancelled next about as he was sick
Finally deemed unsuitable last week..
I received cert on Wednesday of this week...

 

[Jarrad1984]

So I just about to print off paperwork...
What evidence can I supply? Apart from her police statements that I was charged for... with me constantly asking about my daughter?

 

[Jarrad1984]

Ok so I’m starting all that but at same time have lawyer applying for legal aid grant... which she believes will be for mediation between lawyers...
I wondering to I use this lawyer or self represent... even if I do get legal aid grant?
Again your info is sincerely appreciated

 

[Migz]

If you're successful in getting a legal aid grant then run with it...

My ex now has Barristers attending all of our hearings, paid for by the Australian Tax Payer, ie Legal Aid, just to keep me and my daughter at 8 hours a week parenting time...absolutely disgusting system.

 

[Jarrad1984]

If you're successful in getting a legal aid grant then run with it...

My ex now has Barristers attending all of our hearings, paid for by the Australian Tax Payer, ie Legal Aid, just to keep me and my daughter at 8 hours a week parenting time...absolutely disgusting system.

That’s is disgusting but more than what I have atm so i as little as you do have I’m extremely jealous
Gotta hate Vindictive females

 

[Jarrad1984]

If you're successful in getting a legal aid grant then run with it...

My ex now has Barristers attending all of our hearings, paid for by the Australian Tax Payer, ie Legal Aid, just to keep me and my daughter at 8 hours a week parenting time...absolutely disgusting system.

Should I still be getting all affidavits ect ready regardless or wait to see what lawyer does... a lot of people have told me I’m better off self representing? As lawyers are just sharks....
What’s everyones thoughts on that?

 

[Rod]

Lawyers are no different to other professions and trades. You get good ones, you get ones that are not so good.

If you can DIY then by all means it is possible.

Some people can't DIY, for different reasons and need lawyers. If allegations are made of family violence, then i reckon lawyers are good value if seeing your kids is important to you. FV is trap for fathers and it often needs legal advice to get out of.