QLD Dvo breaches,stalking charge &a family court NEED URGENT ADVISE PLS

Discussion in 'Family Law Forum' started by Melon, 1 March 2019.

  1. Melon

    Melon Active Member

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    My daughter has been going through a gruelling experience by her ex for over 12 months.
    I posted in this forum on 26/07/18 titled: "breach-of-5-year-dvo-and-proceedings-in-family-court-help.16550"

    At the time I was asking if it was advisable to end weekly video calls between the father & their son.

    Not long after She ended the video calls & requested no contact unless it was in line with the DVO order.
    Her ex partner took no notice.
    He has already been convicted of 1 breach & 4 aggravated breaches of DVO.
    He has an upcoming court hearing next week concerning 7 aggravated DVO breaches,unlawful stalking,wilful damage,using carriage service to menace, & 14 bail breaches.
    Police have informed my daughter that he will not have the option to plea for the stalking charge because it will be go to the District Court.
    He can plead guilty or not guilty on some or all of other charges on the day, but also it could be adjourned.

    Because of the ongoing abuse my daughter was forced to end all contact between him & the children aged now 3 & 6.

    He has recently made an application in family court for access to the children together with a notice of risk (containing outrageous lies), which is due to be heard on 22nd March.
    He also failed to mention about the ongoing criminal court cases in his family court application!
    He has a long criminal history including drugs & violence.

    My daughter has applied for legal aid for family court, but as yet it has not been approved.
    He also rang every available lawyer in the vicinity, so my daughter has had a real battle to find a lawyer to represent her be because of conflict of interest.
    She has recently found one who will represent her, as he did not contact them because they normally do not do family court proceedings.
    That lawyer helped her file the Legal Aid application.
    There is only 10 days for her to file a response at family court, & there is a real risk that Legal Aid will not be approved in time.
    My daughter is terrified by this man, not only because of the ongoing intimidation, but also because he (allegedly)sexually assaulted her in front of the children during a visitation early 2018.
    This was reported to police, but has not been taken any further by police other than questioning him & he has denied it.

    He has also reported her to child services,police,shire council,& other agencies about alleged concerns for the children's welfare & safety.

    (None of the allegations are true & most are outrageous & very disturbing)

    I should know as she & her children have been living with me.

    She is very anxious about having to front family court, expessially as he is self representing & may have the opportunity to interigate & cross examine her!?

    Our local police officer knows the case well & has offered to be at family court to provide evidence, but he is unavailable on the Family court application date because he will be on holiday.
    My daughter has no idea of how to respond at family court.
    I don't know either or how I can help her.

    She would like to adjourn the hearing until Legal Aid application is processed & she has time to prepare & hopefully get the support she needs.
    & also so the police officer can attend or supply evidence.
    Her ex would most probably not agree to an adjournment.

    Can anyone Please advise what she can & should do
    Or where she can get assistance & support on how to do the family court application response?
     
  2. sammy01

    sammy01 Well-Known Member

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    Ok so you guys have HIS family court application? YES?
    Start writing a response. Use his as a template on how to do it. Keep it factual and include the dates of court hearings ect for his avo breaches. Just get working on that paperwork so you can file something because I don't think you'll get legal aid in time
     
  3. Melon

    Melon Active Member

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    My daughter is going to see if she can pick up a copy on Monday.
    The legal aid application was submitted on about 2 weeks ago.
    She rang again today but it has not been granted yet.

    His application was made by him without a lawyer.
    How would we respond to 18 pages of rambling outrageous accusations in his affidavit?
    Almost all of it is untrue.

    He actually sent a similar family court application to her on 6th Nov
    My daughter rang the court & they told her it was not official as it wasn't stamped
    I'm sure his intention was to intimidate her & humiliate & harass her.

    She actually applied for consent orders early last year for the then 2yo, but they were rejected by the court at the time citing the childs young age & the DVO.
    She also was trying to get court orders so he couldn't just take them interstate as he has threatened to do.
    Unfortunately even court orders would mean nothing to him.

    At the beginning of the separation she tried to accommodate him with visitation, but he constantly abused,stalked,intimidated her, making it impossible.
    He also traumatised the kids with every interaction & could not see beyond his own emotions.(Yelling & crying etc)
    He was very unstable.


    He is not the 6yo natural father, but wants parenting rights to her, as well as their 3yo son..
    I don't want to get into details here.
    The natural father has had no contact.
    Her ex wasn't even around then, but most of his claims are simply outrageous & sickening, & he has no first hand knowledge of the natural father or the events that took place at that time.


    Anyway I will take your advise on board, thank you!
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok so his paragraphs are numbered (true)

    SO you just write things like - in response to paragraph XXX. I disagree.
    That is easy...
     
  5. Hanna jaye

    Hanna jaye Well-Known Member

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    You generally write her version/ ie a "Story" explaining from A to Z the man/ parent she has known. Keep this completely child focused! Ensure a notice of risk is filed with her affidavit response. She requires and i cannot stress this enough "requires to show her side of the story" keep things as facts not speculations "chapter 5 of the domestic violence and family law is the best resource to look into. Staggered visits with supervision, DV group conselling etc all things that should be requested by her. The woman's legal services nsw

    A broad definition of family violence was introduced into the Family Law Act 1975 (Cth) (FLA) in 2012 and applies in all cases filed after 7 June 2012. See Chapter 1: Introduction to Domestic Violence for the legislative definition of family violence. The definition removed the requirement that the victim’s fear be ‘reasonable’, in recognition of the subjective experience of fear and the psychological impact of violence.

    Chapter 1: Introduction to Domestic Violence for more information about domestic and family violence.


    In Maluka & Maluka [2009] FamCA 647 the court found that as there was a significant history of family violence which the father had no insight into, the mother and children were at an unacceptable risk of physical and emotional abuse and violence now [at 131] and into the future [at 384], which warranted making an order that the children spend no time with their father.

    In Willmont & Halliday [2012] FamCA 918 Cleary J at [128] – [129] said:

    I am unable to make a positive finding that the father has abused the children. However, I consider that there is, on balance, sufficient evidence of inappropriate conduct, which cannot be explained by exposure to anyone else other than the father. I consider that the father’s lack of empathy for the children and his use of them to convey quite hateful messages arising from his own anger, represents a risk to their health and safety that is not outweighed by the benefits that may come from those times when the father enjoys the company of the children and they are cooperating with him. Accordingly, I make orders that place the children in the exclusive care of their mother, with no provision for communication with their father.

    Hopefully her funding has come through now
     
  6. Hanna jaye

    Hanna jaye Well-Known Member

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    Austlii and Case law and youtube / family law government site are great resources for both of you to get your head around all of the ongoing stress of family law;
     
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