False allegations n family law
- Thread starter Wombat10
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Courts will look closer at their arguments to see if they are a fit and proper parent. It may increase your chances of having a greater time with children.
Can be contempt of court but courts are reluctant to use this power. You can make an application for contempt but best done through a lawyer.
Can be contempt of court but courts are reluctant to use this power. You can make an application for contempt but best done through a lawyer.
Don't waste your time with contempt. There won't be any punishment. Such is family law.
It can advance your case though, the argument being that the kids time with you should be maximised as the other parent has not only demonstrated an unwillingness to support and encourage the child's relationship with you, but has actively tried to extinguish it, contrary to their best interests.
It can advance your case though, the argument being that the kids time with you should be maximised as the other parent has not only demonstrated an unwillingness to support and encourage the child's relationship with you, but has actively tried to extinguish it, contrary to their best interests.
Counter the allegations with evidence. If there are accusations of substance use, get Chain Of Custody testing done - Hair testing will show a 3 months history of drug use, so if you have no reason to worry about that, its the absolute best evidence you can provide. Failing this, stay totally clean from now on and do weekly chain of custody urine drug screens for at least a month, as you will be best served history over time (each test shows a 3-5 day window). If Alcohol abuse is being thrown at you, get a chain of custody CDT test done once a fortnight for a month.
If you are being accused of any kind of family violence, go and see a psychologist and discuss what's happening, if they believe there is possibly a case that you have crossed some of the lines in that area, go and do an anger management course. You're best being proactive and nipping it in the bud before you go to court than you are leaving it up to the magistrate or registrar to send you off for resolution. The more boxes you can tick off for him as being addressed or investigated, the easier it will be for him to do his job and provide a better outcome for you.
If you walk in there with a question mark over your head, you risk getting a overcautious outcome on an interim basis. If you address all the concerns with evidence or supporting documentation from qualified experts or professionals, then the magistrate/senior registrar might feel more comfortable with giving you an outcome that sits on the best possible result for you.
If you are being accused of any kind of family violence, go and see a psychologist and discuss what's happening, if they believe there is possibly a case that you have crossed some of the lines in that area, go and do an anger management course. You're best being proactive and nipping it in the bud before you go to court than you are leaving it up to the magistrate or registrar to send you off for resolution. The more boxes you can tick off for him as being addressed or investigated, the easier it will be for him to do his job and provide a better outcome for you.
If you walk in there with a question mark over your head, you risk getting a overcautious outcome on an interim basis. If you address all the concerns with evidence or supporting documentation from qualified experts or professionals, then the magistrate/senior registrar might feel more comfortable with giving you an outcome that sits on the best possible result for you.
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Remember, the only allegations that will count will be ones that effect the wellbeing of the child - things like "he cheated on me" don't count for sh!t, the judge could care less - it doesn't affect the child, especially now the relationship is over, so it isn't given any weight.
Verbal arguments during the course of the relationship have minimal limited weight also - the judge knows you fought, that's why you're in the situation you're in, but he wants to see that the conflict and fighting is under control now - especially around your child.
Like I said to you in the other thread, keep the peace, be passive, don't bite back. You are Zen. Budda ain't got s**t on you
Verbal arguments during the course of the relationship have minimal limited weight also - the judge knows you fought, that's why you're in the situation you're in, but he wants to see that the conflict and fighting is under control now - especially around your child.
Like I said to you in the other thread, keep the peace, be passive, don't bite back. You are Zen. Budda ain't got s**t on you
Also - remember anything you discuss with councilors, doctors or psychologists etc is recorded and will likely be subpoenaed as evidence in trial, so be very careful what you say to them - it can come back to bite you in a big way.
Good point. Also, remember school records can be subpoenaed.
I subpoenaed records from my kids' school and found lots of examples of my ex falsely informing my kids' teachers that I have been "extremely aggressive" with the office staff (I live across the country and have only ever contacted them in writing, and only ever very politely), and also telling them that the only reason I would contact them would be to gain evidence to use against her lol.
Can't wait for her to be cross-examined about that.
oooohh, wash thy mouth out for last statement heathen !!!!!!
I kid of course but by crikey don't get overneard stating that one bro. In fact dont even think it coz im sure I only thought along them lines then after 8.5hrs of me in witness box it was my turn. Trial took on the look of a bold and beautiful court trial off tv as I was demanded not look at ex & had to ask my questions looking straight at the side/back of ex & in the face of judge..She then reworded it losing its context that through my track i wanted to progress down.Ex still tripped up a bit & knew it , started getting emotional & the next question got cut off " cause you've already broached that subject & I've heard enough regarding it" With judge cutting 1.5 days off trial length "cause i've now goy a better take on the relationship" I naturally thought "about time she s accepted I was right about ex's evidence less claims & fals allegations"
9 months later I would read not to be & realised what an ar*e bandit that term discretion was !!
Hope to Christ this promised 'gutting' of the entire system don't get bogged down in legal clap trap this year, quicker it comes the friggin better. Send all thy lawyer meddlers scattering to take up similar stints as late night tv psychics & be gone with 'em all !!
I kid of course but by crikey don't get overneard stating that one bro. In fact dont even think it coz im sure I only thought along them lines then after 8.5hrs of me in witness box it was my turn. Trial took on the look of a bold and beautiful court trial off tv as I was demanded not look at ex & had to ask my questions looking straight at the side/back of ex & in the face of judge..She then reworded it losing its context that through my track i wanted to progress down.Ex still tripped up a bit & knew it , started getting emotional & the next question got cut off " cause you've already broached that subject & I've heard enough regarding it" With judge cutting 1.5 days off trial length "cause i've now goy a better take on the relationship" I naturally thought "about time she s accepted I was right about ex's evidence less claims & fals allegations"
9 months later I would read not to be & realised what an ar*e bandit that term discretion was !!
Hope to Christ this promised 'gutting' of the entire system don't get bogged down in legal clap trap this year, quicker it comes the friggin better. Send all thy lawyer meddlers scattering to take up similar stints as late night tv psychics & be gone with 'em all !!
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