QLD Exposing Father's Lies - How to Return to Family Court?

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NeverEverGiveUp

Well-Known Member
13 February 2015
28
6
124
Gold Coast
i have been following the directions in final orders now for approx 15 months. During hearing 15 months ago, the judge moved the children's residence and set minimal contact between the children and the mother, and made that contact supervised only through a contact centre (3 under 10 years old) problem is the hearing was a sham.

The father created false scenarios for the family court in order to show the judge what he needed to to remove the children from the mother's care and into his. All that he falsely alleged the mother was doing is now the exactly what he is doing.

In short, he alleged the mother could not co-parent to any degree. (Father does not communicate at all re; children). He said the mother wouldn't allow him to go to child's 1st day at school. He stipulates in e-mail he does not allow the mother to attend schooling events, 1st days, end of year celebrations, anything, full stop.

At the trial, he had a woman pretend to be his caring fiancée and a happy family situation was created, expressed to the judge. I've since discovered she was a paid lady for the court's eyes and after the trial was gone and moved interstate. The "witnesses" relied upon by the father were all his longtime school and work friends and all backed up the father's false scenarios as real and true.

My question is, how do I now get back into family court to show that judge all the false stories of father and subsequent abuse of children that followed. The children tell me of the crying themselves to sleep. The alleged fiancée never lived with them, the negative view the father speaks of mother to them, never attending school functions, which I ask to attend though told not to because he has already organised time off work to go (yet does not go), the long days in school and day care rather than allowing mother to care after school for them, the verbal I hate you's said by father to the children randomly, the cutting of telephone calls midconversation between the children and the mother (very distressing for kids), the list goes on.

The contact centre has now terminated us and referred us onto a private service due to them being a short term service set to have families move to self management of children's time with non resident parent stating that we aren't moving towards self management and they need to be used for other families that truly need the supervision service.

The orders clearly state father would need to eventually move to self-management as the judge recognises it is not in best interests for children to remain supervised with the mother in the long term and also ordered both parents share equally in cost of supervision. The father now says he will not attend the new service unless the mother pays all fees involved and that's all that he was willing to offer for any contact at all.

The mother and the children have again been unnecessarily separated and contact has ceased by the order of the father until the mother pays all costs, which is not viable (financially) for her to do so. The children have not seen mother for 5 weeks now.

What is the process for the family court to see actions of father is causing harm to children? Is it an initiating application to the court or existing file, although the previous file number is marked closed on the court portal. Should I be filing contravention?

I just want the children away from the conflict and allowed to be kids once more. The eldest makes comments that he wants to kill himself. The children always say they hate their brother, always physically hurting each other. Now swearing and bad grades due to nil concentration at school, etc.

What are my options? I don't want to take the children full time (unless court deemed it to be so). I just want the pressure of father's hatred towards the mother taken off them and allowed to be at ease with their life as a kid.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
To apply to change existing orders, you would need to prove that there has been a significant change in circumstances to warrant the change. Unfortunately he could just get the same witnesses back to say the same things and it sounds like getting a lawyer to investigate your options and investigating the claims of father providing false information to the court isn't an option financially.

Can I suggest it might be worth contacting Legal Aid QLD. I'm not sure they could represent you based on the circumstances, but they may be able to give you better options.
 

NeverEverGiveUp

Well-Known Member
13 February 2015
28
6
124
Gold Coast
Thank you Lance. I appreciate your time spent to reply and offer help. I will seek Legal Aid assistance though we all know how under resourced the agency is, so I am reluctant to get hopes up.

Thanks again.