Good Afternoon
I was hoping to get some thoughts on apprehended bias ( or is it apprehensive bias?)
I am currently going through the motions of being a self-represented respondent to an initiating application for final parenting orders, my ex wife has made in the federal circuit court, with the support of a no expense spared lawyer that's funded by her parents,
There is an ICL involved in the matter, and a family report is being conducted in early February.
The ex-wife has submitted 5 affidavits thus far, all with a plethora of accusations and allegations. She also obtained a DVO just prior to initiating the family court proceeding, which she is milking for all it's worth every chance available to. She recently submitted an amended initiating application and that is now seeking she have sole parental responsibility.
At the most recent mention, in mid November last year, the judge tore strips off me for having not submitted my response documents on time, the deadline to do so was two days before the mention.
I had the docs stamped by a jp on time and try'd to upload them onto the court portal on the day I was required to do so, but for reasons unknown it just wouldn't upload, I called the court registry first thing the following morning, which was now the day before the mention, and was told that I couldn't come to the courthouse in person to have the response docs sealed, ready for service, inside 48 hrs of the mention,
So all I could really do was bring the 3 copies jp stamped docs to court with me on the day of the mention, and have them sealed at the registry to be served on the day!
During his tirade, The judge said I lacked the required sophistication to use the portal, and that he believed I was lying about the attempt to upload the docs on the portal,
Also That he now thinks I am dishonest person in general, therefore I now have zero credibility with him, or with the court, to the point that he wouldn't trust me to give him an honest account of the weather outside,
He also stated it's no wonder the ex doesn't trust me, or want me spending any extra time than I do with the children, in fact she suggests less would be preferred He then went on to approve the submission the ex made to remove the weekday time that I had with the children, changed the changeover location from their school to a contact centre, meaning no involvement with school or their daily routines at all,
He also took an hour from each day on the alternate weekends I have our 3 children, among a host of other minor consequences,
He also made an order that I pay $1200 towards her legal fees for the day.
Upon being virtually ejaculated from the court room, and while on my way out of the building, I was approached by two separate people who were present and witnessed what had taken place during the mention,
One being an ICL, the other was just a random lawyer, both said the judge was out of line, and that I should seriously seek legal advice on apprehended bias, that there was a clear perception of bias being shown towards the mrs (lawyer), as he wouldn't so much as accept the document I offered providing evidence of the attempted upload of docs on the portal, or consider anything else I had to say on any other issue raised.
I don't particularly fancy another court battle, certainly not against a fed court magistrate, I've got plenty enough to deal with as it is, however, if it's a one horse race from this point on, and he's not going to give any consideration to anything I say or present, then what other option is there,
And how would I go about raising the matter of bias, if it's considered an option available that's worth me persuing ?
Any thoughts would be much appreciated,
Cheers in advance
I was hoping to get some thoughts on apprehended bias ( or is it apprehensive bias?)
I am currently going through the motions of being a self-represented respondent to an initiating application for final parenting orders, my ex wife has made in the federal circuit court, with the support of a no expense spared lawyer that's funded by her parents,
There is an ICL involved in the matter, and a family report is being conducted in early February.
The ex-wife has submitted 5 affidavits thus far, all with a plethora of accusations and allegations. She also obtained a DVO just prior to initiating the family court proceeding, which she is milking for all it's worth every chance available to. She recently submitted an amended initiating application and that is now seeking she have sole parental responsibility.
At the most recent mention, in mid November last year, the judge tore strips off me for having not submitted my response documents on time, the deadline to do so was two days before the mention.
I had the docs stamped by a jp on time and try'd to upload them onto the court portal on the day I was required to do so, but for reasons unknown it just wouldn't upload, I called the court registry first thing the following morning, which was now the day before the mention, and was told that I couldn't come to the courthouse in person to have the response docs sealed, ready for service, inside 48 hrs of the mention,
So all I could really do was bring the 3 copies jp stamped docs to court with me on the day of the mention, and have them sealed at the registry to be served on the day!
During his tirade, The judge said I lacked the required sophistication to use the portal, and that he believed I was lying about the attempt to upload the docs on the portal,
Also That he now thinks I am dishonest person in general, therefore I now have zero credibility with him, or with the court, to the point that he wouldn't trust me to give him an honest account of the weather outside,
He also stated it's no wonder the ex doesn't trust me, or want me spending any extra time than I do with the children, in fact she suggests less would be preferred He then went on to approve the submission the ex made to remove the weekday time that I had with the children, changed the changeover location from their school to a contact centre, meaning no involvement with school or their daily routines at all,
He also took an hour from each day on the alternate weekends I have our 3 children, among a host of other minor consequences,
He also made an order that I pay $1200 towards her legal fees for the day.
Upon being virtually ejaculated from the court room, and while on my way out of the building, I was approached by two separate people who were present and witnessed what had taken place during the mention,
One being an ICL, the other was just a random lawyer, both said the judge was out of line, and that I should seriously seek legal advice on apprehended bias, that there was a clear perception of bias being shown towards the mrs (lawyer), as he wouldn't so much as accept the document I offered providing evidence of the attempted upload of docs on the portal, or consider anything else I had to say on any other issue raised.
I don't particularly fancy another court battle, certainly not against a fed court magistrate, I've got plenty enough to deal with as it is, however, if it's a one horse race from this point on, and he's not going to give any consideration to anything I say or present, then what other option is there,
And how would I go about raising the matter of bias, if it's considered an option available that's worth me persuing ?
Any thoughts would be much appreciated,
Cheers in advance
