My ex has put me through hell. I had only supervised access to the child prior to the interim hearing late last year, where we won overnight access for the children. Things have been going really well with the kids and me.
She bypassed compulsory Family Dispute Resolution and entered the family court system by telling lies via her unethical lawyer using the Non-Filing of Family Dispute Resolution Certificate and the Notice of Risk.
She stated that amongst other things I had been physically violent with her during the marriage; I'd pushed her and slammed her into walls, etc. This is so far from the truth. All of her statements were lies.
Late last year, we settled financially around the same time as the Interim hearing during the conciliation conference.
The judge has decided nothing and we could easily have gone successfully through mediation. Apart from losing a lot of money, I honestly almost lost my life going through this stress of the accusations and losing access to the children.
Now the ex wants to meet and cooperate and be friends. She's just purchased a house and her finances would be very tight, therefore, I believe she simply can't afford to be in court any longer.
I have no problem with cooperating apart from the following where I need help on how to resolve:
- These lies remain on paper in the affidavits. If they remain disproven, then one day my children may read them and what are they to believe? I'm thinking of asking her to write a statement that she's lied or I will need to proceed in court.
Can I continue with court proceedings to have these removed? I don't necessarily want more time than I've been awarded at interim with the children, so what would my application to the court be for in order to continue to final hearing? Should I change my application for sole parental responsibility?
- Regarding the professional misconduct of her lawyer. As an example, there was an interim AVO (which I subsequently had dismissed at Local Court) where the alleged facts state I moved a chair in her way to stop her following me as I was leaving the house. Her lawyer changed this for dramatic (misleading) affect on the notice of risk to "The father threw a chair at the mother narrowly missing her". I am considering a formal complaint to the NSW Law Society.
My ex and this lawyer used lies and manipulation to enter the court system, so easily. It was a terrible experience, cost me money and my health and I wouldn't like it to happen to others.
Any help or thoughts are appreciated.
Thanks.
She bypassed compulsory Family Dispute Resolution and entered the family court system by telling lies via her unethical lawyer using the Non-Filing of Family Dispute Resolution Certificate and the Notice of Risk.
She stated that amongst other things I had been physically violent with her during the marriage; I'd pushed her and slammed her into walls, etc. This is so far from the truth. All of her statements were lies.
Late last year, we settled financially around the same time as the Interim hearing during the conciliation conference.
The judge has decided nothing and we could easily have gone successfully through mediation. Apart from losing a lot of money, I honestly almost lost my life going through this stress of the accusations and losing access to the children.
Now the ex wants to meet and cooperate and be friends. She's just purchased a house and her finances would be very tight, therefore, I believe she simply can't afford to be in court any longer.
I have no problem with cooperating apart from the following where I need help on how to resolve:
- These lies remain on paper in the affidavits. If they remain disproven, then one day my children may read them and what are they to believe? I'm thinking of asking her to write a statement that she's lied or I will need to proceed in court.
Can I continue with court proceedings to have these removed? I don't necessarily want more time than I've been awarded at interim with the children, so what would my application to the court be for in order to continue to final hearing? Should I change my application for sole parental responsibility?
- Regarding the professional misconduct of her lawyer. As an example, there was an interim AVO (which I subsequently had dismissed at Local Court) where the alleged facts state I moved a chair in her way to stop her following me as I was leaving the house. Her lawyer changed this for dramatic (misleading) affect on the notice of risk to "The father threw a chair at the mother narrowly missing her". I am considering a formal complaint to the NSW Law Society.
My ex and this lawyer used lies and manipulation to enter the court system, so easily. It was a terrible experience, cost me money and my health and I wouldn't like it to happen to others.
Any help or thoughts are appreciated.
Thanks.