WA False complicated mess + stress

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Messstress

Member
24 August 2017
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Hi I met me ex 10 years ago, we have a 8 yr old and 7 month old.
We went thru family court in 2015 and agreed on consent orders 50/50 week about.
We got back together at the end of the custody battle. My parents kicked me out May last yr after I was out of line n drunk n I was arrested for accidently smashing a window, n I was also charged with drug possession. I was put on a 6 month court order which ended December last yr.
2 days after my arrest I found out I was pregnant, my ex invited me to move into his sisters with him while we looked for a rental. I'd never met his sister up until last yr. She never liked me from what my ex would tell her after arguments thru the yrs, none of his family really ever bothered to get to no me. My ex was close with my family tho and my 8 yr old spent most his life growing up in my parents home with me as me and my ex were on n off a lot, and he has been evicted from a number of rentals over the yrs.
after living with his sister a month, she said she couldn't believe how quiet and shy I am, she expected me to be a complete psycho. After moving into our own rental in July, my ex was rarely home during the next few months, it was just me and my son and pregnant belly. I don't have my own transport either so we were quiet isolated and I hadn't patched up things with my parents yet.
In September my 8 yr old went for a sleep over at my Exs sisters. She refused to return him and even went to dcp wanting to keep him! She bribed my ex with drugs to accompany her to dcp and give up his parental rights so my son could stay with her temporarily. My ex never came home.
I was 6-7 months pregnant at this time, with no transport or means of paying rent on my own. My son was a mummies boy.
Dcp opened a case on my unborn after the allegations put on me, I moved back in with my parents. Dcp closed the case earlier this year. The sister filed form 4 abuse/neglect and took it back to family court one week before the orders were made final!
Believing her bs that my son would end up in the system if I didn't consent to her having him for the interim order I consented. Biggest mistake ever!
Furthermore, my ex told me she filled out his affidavit he was only present at the justice of the peace signing. The allegations in her affidavit are exaggerated, some even blankly made up. She's wrote his affidavit backing up hers, the dates, months and facts are wrong. I no my ex wouldn't say those things like eg; I never paid rent or bills. All the bills were in my name alone!
So after her refusing to come to agreement, icl is now on board. I am still on supervised time with my son at my parents, which started as weekends and for my son to be allowed back at my parents 50/50 I felt forced to consent to residential rehab, his sister kept pushing this and the icl wouldn't of let my son back home if I didn't agree. My son was desperate to return to the place he calls home, at my parents. That was a few months ago now. So a caveat gets put on her house and she discontinued the abuse/neglect form trying to pull out of court. She's broke the orders by leaving my son permantly in my parents care. I can't complain that's where he wants to be.she couldn't get him to school as she has her own son to take to school.
We're back at court in 2 months. What should I do? How do I present my evidence, can I put another affidavit in? Do I still need to enter this rehab which is for 33 wks? My 7 month would come with me, but I don't use drugs or alcohol regularly and I don't want to be away from my 8 year old for that length of time. Plus it's goin to cost me 15000+ and I still owe my lawyer $8000, they stopped working for me after first hearing as I couldn't afford the bill.

My apologies for the way I've typed this, struggling to multitask and reduce the situation to get straight to the point.
His sisters interest is not for the best of my son, she has a personal problem with me. She needs to feel like she's won. She was also hoping she would get my 7 month when he was born, but I complied with dcp and done everything they asked.
 

AllForHer

Well-Known Member
23 July 2014
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684
2,894
Okay, so I'm not a lawyer, and nothing that anyone writes here should be taken to be legal advice. It most definitely is not legal advice.

So, the first thing I'm going to say is probably going to sting a little, but please understand that I come from a place of objectivity and go only by my observation of the facts you've provided.

I don't think you fully understand that in the Court's view, you are the problem, not the sister or your ex.

You have a conviction against you for drug possession and wilful property damage, both of which are crimes, both of which were committed while you had equal care of your son. To the Court, it's going to look an awful lot like recklessness, and the last thing you want to be as a parent in Family Court is reckless, so your job right now is to show the Court that you don't pose a risk to your son in the same way that you did two years ago.

So, do I think you should enter rehab? Absolutely. You need to show insight that you had a problem, and that you are, or have taken steps to treat it so it's not a problem anymore. Just because your ex's sister placed your son back into your parents' care, does not mean the Court is automatically going to assume this means you're suddenly a fit parent and the best person to care for your son. All it really means is that the Court will focus less on her being a party to proceedings, and more on you and your parents as parties to proceedings.

Can you file another affidavit? Yes, you can file a supplementary affidavit before your next hearing, and I would suggest doing so, but if the situation is that your parents have taken full time care of your son, then the people best able to file an affidavit may be your parents.

Contact Legal Aid and see if you can organise a free consultation with them just for some advice about your situation.