NSW Help with Self-Representation in Contravention Case?

[Brandon Taylor]

Hi,

I have a contravention case coming up in September and I am self-representing due to lack of funds. My partner has helped me a lot with submitting all of the court documents and writing my affidavit. I was just wondering if anyone here has been through a contravention hearing and what steps occur? Also, if you have any tips for a self-representing that would also be great as I am not so confident in public speaking.

Am I able to say I rely on the evidence presented in my affidavit?

I was also wondering what might happen if my ex does not show? I have been asking for dates in which I am meant to have my daughter in September with no response and she has not filed anything with the courts either. With the affidavit I presented and the 250+ contraventions against her (with evidence for most of them), her unwillingness to travel (now she has to travel to Southern NSW from South West QLD for court), I believe she may have a "f**k it I've lost this anyway" attitude and not show up.

Any help would be appreciated.

 

[AllForHer]

Are there still other proceedings on foot?

What's the nature of the contraventions?

 

[Brandon Taylor]

Are there still other proceedings on foot?

No, order were made in Mid 2015.

What's the nature of the contraventions?

Basically, almost everything in the orders. From disallowing equal parenting responsibility, showing no intent of coming to joint decisions regarding my daughter, withholding the child for 6 months in 2016, not sticking to 6 weeks:

2 weeks before the child started school, being extremely high conflict to the point where she abuses me and my partner with every message, not sharing medical or educational information, not allowing phone contact, no privacy when phone contact does occur, telling the child that she will be sent to our house as punishment, not allowing the child to call when she asks to, refusing to travel anywhere other than 5 minutes away from her house for pick up and drop offs (16 hour drive for me), refusing to come up with dates, doesn't speak about me respectfully to my daughter (insults, swearing, everything...

My daughter has told me on numerous occasions that "Mummy and SD were saying bad things about you and SM)... Just to name a few. With every single contravention added up, it comes to more than 250 contraventions since May 2015.

Once she was served the documents my daughter was on the phone to me telling me that I am a bad person for doing what I did to her mother and giving her those papers. "You shouldn't have done that to my Mum, it's not very nice and very naughty, say sorry Dad!"

My daughter is 5 years old...

 

[sammy01]

focus on the big ones... do you have interim orders providing you with time with the child?
I'd recommend you focus on the provable facts.. I'm not saying your ex isn't a nasty horrible person. She probably is... She probably did say some crap things to your daughter... But you can't prove it...

YOU CAN prove that she did not agree for you to see the kid AND if you have interim orders that say she should have given you access, then focus on that stuff

 

[Brandon Taylor]

Hi again.
Yesterday my ex expressed to me that "don't know whether I'll be able to make it" regarding the above contravention case. She told me this after I requested dates for September school holidays and to ask whether I needed to arrange care for our child the day of court.
She has not requested an adjournment and it's likely that she will use our child as an excuse on the day by saying that she is unwell.

Considering I now have text message proof that she never intended on showing (if she does use the above excuse), what is likely to occur?
If she does request an adjournment, am I able to decline under the grounds that I have already taken time off work?

 

[sammy01]

don't engage in silliness/Tom foolery and hypotheticals - "don't know if I'll be able to make it" is different to NOT COMING. Stupid games from stupid people. Don't play along...

IF she is a constant no - show the magistrate will get upset. GOOD.