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QLD Family Law - Attaching Evidence to Affidavit

Discussion in 'Family Law Forum' started by conrad creedy, 20 May 2015.

  1. conrad creedy

    conrad creedy Member

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    Hi, looks like I will be self representing in the WA Family Court. I reside in Qld. My daughter (at age 11 months) was taken from Queensland to Perth by her mother. I contacted the Brisbane family court to apply for a recovery order. They advised me to apply for parenting orders ( custody of children) as I could not prove my daughter was in any danger even though they were constantly moving address so how could I?

    I am on a disability support pension and applied to Legal Aid QLD who promptly shuttled me onto WA Legal Aid. Naturally they rejected me. However, I persevered and was eventually given a grant due to certain circumstances that I drew their attention to. My lawyer (from Malaysia) struggled with English causing many errors in representation and he refused to use the new technology and seemed very quick to criticise my mistakes yet make excuses for the magistrate, respondent's lawyer and 2 family consultants. He also thought I was a prisoner. It gets worse but I'm not going there now. I want to prove how I have attempted to continue a relationship with my daughter using the new technology as well as going there to see her which is extremely difficult for many reasons.

    My Legal Aid lawyer has just said he doesn't think I can win so he won't recommend funding. I am happy to self represent but am fed up with both states saying they shouldn't hear my application. I have applied for 5 weeks contact and now am fighting the magistrate insisting I do 12 'supervised' contacts in Perth first? No organisations can do this, and I shouldn't have to do this for one the magistrate and respondent's lawyer grossly exaggerated the time I had no physical contact with my daughter, and they as well as the 2 family consultants have disregarded all my letters, gifts, clothes, Skype calls, texts, email, usbs etc.

    This is plain wrong as well as not letting me speak (via audio link when they can be bothered) during hearing to correct so many mistakes that my lawyer was totally unaware of. Yes I did ring legal there.

    If anyone can help that would be much appreciated thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    What would you like guidance on? How to annexe documents to an affidavit?
     
  3. conrad creedy

    conrad creedy Member

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    How to annexe text messages, video texts, digital pictures and videos. Are they permitted as evidence?

    Thanks.
     
  4. AllForHer

    AllForHer Well-Known Member

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    They are permitted as evidence as it is best to annexe these to the relevant statement of fact provided in your affidavit. For example:

    15. On 27 May 2015 at 11:55am, I went to Cheryl's house to collect the children for their regular time with me. Between 11:55am and 12:25pm, I knocked on the door several times but there was no response. At 12:25pm, I sent a text message to Cheryl, which said "Where are the children?" Cheryl said, "You're never seeing them again". True and correct screenshots of this text message exchange are attached as Annexure A.

    You can annexe photos, reports, text messages, e-mails, etc. to submit as evidence. Videos are slightly more complicated as they may not be admissible evidence.

    I'm hoping someone more experienced in WA Family Law can clarify or confirm, however.
     

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