QLD how best to raise concerns of mental health issues family court

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happily dazed

Well-Known Member
18 May 2017
25
0
121
Gold Coast QLD
Hi to All

I was hoping someone may be able to offer some advice, on how best to raise concerns I have about the ex wife's mental health issues, during family court proceedings that are currently underway.

I understand many before me may have used mental health issues as a strategy, or for non genuine reasons, this is not at all the case in this situation,

The opposite is true, I believe this may be a once in a life time opportunity to actually address the issue, and the world would be a far better place for our 3 children if it came to be.

An initiating application was filed by the ex in may 2017, at present I see the children every second weekend and every second Wednesday via interim parenting orders made at the first court mention,

There has been 5 mentions in total now, and a plethora of accusations and allegations have been made just prior to each time we attend, like extreme allegations.

The application began with ex wanting equal responsibility and a negotiable amount of time, wanted the children to live with her during week days for school, we live 15 mins apart, ex is in the family home as a result of a dvo,

It has now turned into a case ex is wanting sole parental responsibility (she wont get), a request to relocate 300km away, and a bunch of other pretty bizarre requests like 28 days notice prior, to provide ex with my intended plans during school holidays etc

ex has a barrister that is fairly efficient at making sure I don't get much of a voice during mentions, i am unrepresented and always on the back foot, the paperwork submitted is nothing short of overwhelming, nearly 300 pages of affidavit submit to date, amended initiating applications and all kinds of submissions and so on, pretty hard to compete with.

So the question is, how do I go about raising the fact that nothing being said is remotely true, I mean none of it, and everything said is due to a pretty significant case of what began as post natal depression when our first child was born in 2009, and only got worse during the course of 3 children over a 6 years period,

no significant event took place, our 11 year marriage simply deteriorated into being on some kind of bipolar type roller coaster ride, fuelled by a resentment issue of biblical proportions that comes and goes in waves.

Resulted in me having to leave in march last year, 2 months later family court began and here we are ?

Hopefully that's not all a bunch of useless information and someone is able to offer some kind of advice from what I have said.

ie; Do I make an application, write an affidavit, is there a certain form or procedure, do I tell the ICL ?

Thanks in advance

Regards
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Family court is not a venue for fixing your ex's mental health problems.

Your issue is ensuring the kids are safe and sound. Anything beyond that is not something a court will consider.

You can relate facts to the ICL and leave it to them to decide what is best for your kids.
 

happily dazed

Well-Known Member
18 May 2017
25
0
121
Gold Coast QLD
Hi Rod

I guess that may have came across a little wrong, I understand family court is not there to fix my ex mental health issues, and clearly the primary concern is the well being of the children, which is something I didn't include above.

The issues I mention are massively effecting the children's well being, we have all kinds of dramas at changeovers, ex has turned completely paranoid, believes I am the enemy, has pad locked the house up like forte knox, tells the kids its because of me, tells kids all kinds of weird things for that matter,

Makes constant police reports, all kinds of allegations in affidavits submitted to the court, which in time i guess will be tested and will sort themselves out, but its the amount of time it takes to get through the system that's a worry, and with ex being represented the issue isn't just going to become apparent itself,

I thought that maybe there was a way to request an evaluation or similar, much like if you request drug testing ?

The ICL appears reluctant to communicate much about anything ?
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Are you qualified to make diagnosis in relation to anyones mental health? If not, and you have no professional opinion from a qualified third party or no subpoenaed professional opinion your "diagnosis" is worth less than toilet paper. harsh but true, no one cares what you think" in the court system, they care about what evidence you have from qualified professionals.

And one more thing, bending the ear of the ICL in relation to these things won't win you any favours at all. No contact with an ICL is good contact

Have you asked/stuck your hand up for 2 way testing?
 
Last edited:

happily dazed

Well-Known Member
18 May 2017
25
0
121
Gold Coast QLD
Hi thatbloke

Yeh I realise I'm not qualified to diagnose or give a professional opinion, but its exactly what needs to happen,

I would happily have the same assessment,

How to ask for it is the question ?
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Well based on what you have said so far you have no evidence at all so, in a nutshell, that is what you need to have appear in front of you, either via a professional, a court report or something else.
 

Confused but determined

Active Member
7 March 2018
5
1
34
Hi Happily Dazed

Thought I would share my situation with you...

My wife and I have been married 11 years and we have three young children. She recently experienced a nervous breakdown and has been diagnosed with severe depression, which apparently started as post-natal depression following the birth of our third child in 2013 and has gradually gotten worse over time, in particular a paranoia about the children touching their privates and their general “uncontrollable behaviour” (as she describes it). Everyone we spoke to about this (family, friends, teachers) told us not to worry as it was ‘normal’ child behaviour and our children were “wonderful”. The children are all doing very well at school and in their social/sporting activities. However, my wife has become obsessed with the notion that they are “ out of control” and they must have been abused to act the way they do. Everything came to a head after we moved overseas last year for my work and she has struggled to adjust to our new life abroad. My wife had been receiving treatment in Australia for depression over past 6 weeks and we had planned to all travel home together when she suddenly announced that she won’t be returning to our home and won’t allow our children to return either. She has again accused me of abusing our children and refused my having any contact with them and has ignored all communication. There is a history of mental illness in my wife’s family.

I love my wife and am concerned about her mental health and that she receives the best care. I know in her mind she thinks she is protecting our children, but I am concerned about our children. I have had to engage a solicitor who has written to my wife seeking access to the children and mediation. I’m anticipating that this process at some stage will involve requests for psychological reports.

I’m still coming to grips with what is happening. I can’t offer advice (I’ve never been part of a legal pocess before now) but thought you might take some comfort in knowing that others are experiencing similar.