WA Hearing to determine who children live withthe children has always lived with him and have since the

[Madagascar Madness]

Hi all,

I posted a while back about my young granddaughter having substantiated serious child abuse while in the care of her mother and her mother's boyfriend. Since then we have had 2 court dates and the children have remained in their fathers' care with the mother continuing to have supervised visits - the ICL would not allow unsupervised visits and the child protection also recommended they continue.

The mother has continued a character assassination against my whole family. To be expected but still not easy to swallow. She keeps asking for ridiculous things like my 10-year-old's medical record!

At the last court date, the magistrate absolutely bollocked the mother’s lawyer about a 148 paragraph affidavit about everything except the baby's abuse. Mainly about how evil my son is. The mother is asking for sole care of the children and supervised access for my son (the children have always lived with us and have remained in his care since the first court date). The magistrate said to the lawyer,
‘I would suggest your client rethink her current position given the seriousness of the allegations against her. ’And said, ‘given the children have been in the father's care for a considerable time, you need to rethink this.‘

We have the hearing to decide where the kids live at the end of the month. I’m guessing that given that both the ICL and child protection have said no to unsupervised access and that all the reports on the children have stated they are happy and healthy with their father not much is going to change.

Thoughts?

 

[sammy01]

Ok so you are Grandma? The kid lives your son? Has done for a while?

The courts ordered supervised visits for mum? Mum thinks she is gonna get primary care at final hearing? Magistrate told mum she needs to 'rethink this'?

Either mum takes the advice and asks for some unsupervised time once she proves she is able to look after kids or she chooses not to 'rethink this' and your son is likely to get sole parental responsibility...

I hope mum doesn't 'rethink this'... But don't tell anyone I said that.

 

[Madagascar Madness]

Yep I’m grandma. And the kids have always lived in my house with my son and his then partner. Oldest is 7, baby is now 20 months.

Mother continuous to bang on about son's mental health issues and violent behaviour... They had a terrible relationship at times and were horrible to each other. It wasn’t one sided and my boy doesn’t have any mental health issues... When younger he had some self-harming behaviours, but it was over 4 years ago and nothing since.

She seems to forget that her child abuse was substantiate against! Child protection has closed the case from our side but she is on ‘intensive supervision ‘ due to having a new baby. Child protection have stated the children are happy, safe and well looked after with us.

Her lawyer is either stupid or in experienced as she continues to go on fishing expeditions to try and prove our unsuitability to have the children. The magistrate is not happy with her and has restricted witness affidavits for her to 3 pages! She said she was very lucky the 148 paragraph one did not come directly to her or she would not of accepted it!

I think the magistrate is on to her but it’s still nerve wracking!!

Ok so you are Grandma?
The kid lives your son? has done for a while?
The courts ordered superevised visits for mum?
Mum thinks she is gonna get primary care at final hearing?
Magistrate told mum she needs to 'rethink this'?
Either mum takes the advice and asks for some unsupervised time once she proves she is able to look after kids OR she chooses not to 'rethink this' and your son is likely to get sole parental responsibility.... I hope mum doesn't 'rethink this"... But don't tell anyone I said that.

 

[sammy01]

Her solicitor isn't stupid... Very smart. She is making lots of money out of her stupid client... I hope I'm right, based on what you've written, I'm pretty confident you'll be ok

 

[Madagascar Madness]

She’s getting legal aid which is surprising my lawyer given the rubbish she’s bringing up. The lawyer just blamed the mother in court when she was getting bollocked... Was a sight to see.

And yes what I’ve written is exactly the events that have occurred.

Her solicitor isn't stupid... Very smart. She is making lots of money out of her stupid client...
I hope I'm right, based on what you've written, I'm pretty confident you'll be ok

 

[Rod]

Young legal aid lawyer? Might still be learning the ropes. Lawyers have to cut their baby teeth somewhere. Expect this ones have come through now

FYI a lawyer should not blindly accept and submit whatever the client tells them to submit. A lawyer is supposed to use their professional judgment and avoid wasting a court's time with affidavits containing umpteen statements about things that are not relevant to the case.

 

[Madagascar Madness]

Yep. Young lawyer...

Our lawyer keeps saying ‘.. she needs to get he client under control’..
All she kept saying to the magistrate was that she was fiollowing her clients directions

Also the hospital has objected to anyone except the ICL seeing the hospital reports as it is ‘extremely sensitive in nature’
Her lawyer of course has objected and wants to see... everything.

Ours hasn’t asked.

Young legal aid lawyer? Might still be learning the ropes. Lawyers have to cut their baby teeth somewhere. Expect this ones have come through now

FYI a lawyer should not blindly accept and submit whatever the client tells them to submit. A lawyer is supposed to use their professional judgment and avoid wasting a court's time with affidavits containing umpteen statements about things that are not relevant to the case.

 

[MartyK]

Agree with all posts above. Including that the mother would be very wise to heed the Courts warnings.

 

[Madagascar Madness]

Well MartyK I can tell you she won’t. She’s too busy playing the victim rather than doing what she needs to do to endure the safety of her baby and repairing the relationship with her.

No matter how I look at it I just can’t imagine a magistrate giving her unsupervised contact...not for a long while yet!!


QUOTE="MartyK, post: 63065, member: 11004"]Agree with all posts above. Including that the mother would be very wise to heed the Courts warnings.[/QUOTE]

 

[Nonfiction]

From the information you have provided OP, your son appears to have a very good chance of walking away with, or at least close to, the orders he is seeking. Especially when the ICL, child protection (and it would appear to some extent the magistrate), are all in his favour.

I wish your son well for his final hearing. Kudos to you too in being able to put negativity aside and give an objective account of your sons past relationship with the children’s mother...your attitude is certainly not something always common to parents, significant others etc., who are/have been/have supported others through family law proceedings.