WA i lodged a neglect form x countered claiming abuse ex parte

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yameater79

Active Member
24 April 2018
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31
i lodged a form 4 along with form 11 initial application and interim orders after my home was attacked by i believed the ex or her family ( and was right im gathering evidence now)and upon asking for witnesses had the neighbours little boy say the rest of the class call my boy the smelly kid when his mother mentioned to him they were in the same class.
i had raised this issue with school principle many times (clothes stank real bad like cat litter tray and literally showed him saying smell this its rank this is how my boy is living,other siblings ive picked up same and worse plain and simple neglect) with witnesses to the principle and asked teachers to monitor my boy they didnt do anything failed to act , the deputy principle another time was very biased just dismissed me and said to go to dcp so i did they responded saying hes a white boy our demographic is full on this is minor so we wont look into it anyway! prior to this property attack occuring.
i witheld my son that day from returning to the mother as i believed the system was failing my boy and i had to do something or he would be bullied forever ( he just started first year of school) i wasnt going to allow that to happen i was straight to local court for vro was thrown out by mag, next day and following few i was straight to family court loging papers, it was stamped as recieved but not filed for nearly 2 weeks in that time the ex got a ex parte hearing and recovering order 2 days after i lodged everything on my end alleging child abuse
there was nothing staff could do after finding my paperwork and saying they stuffed up filing both matters together in normal procedings process. the ex has also lodged a form 4 saying child abuse and form11 also yet not served me nor has her lawyer tried or offered to serve me dcp were forced to act and do a inspection by court so ex got a heads up and passed in the report she has mentioned i once punched a fridge in a arguement and she terrified of me etc (all bulls**t) yet they were not going to get involved in the case claimed my claims unsubstantiated.)
ive got heaps of texts saying exact opposite emotional blackmail,bullying,attempting to bargain csa payments from half her family blatant pyscological emptional warfare was directed towards me they conspire real bad its terrible she moved 3 times forcing me to drive thousands of kms every month to make sure i had my boy on my days off it was effectively 50/50 through my determination not to be alienated and i copped heaps for it every meet ,drop off , claimed suicide attempts,depression,really layered it on me emotionally pyscologically, i tried twice to settle away from court she ignored my lawyers letters offers saying she would see a lawyer bu never did just moved anyways my terms which were very generous her way were just used against me and the other children (step kids) alienated from me to point they grandmother even told the duaghter to run away from me at school one morning i tried to give souveniors so now we go to trial but the thing that worries me is 1 im male 2 the allegations are going to be painting me as abuser i know they will claim i punched her in the face (lies)
what chance do i have can i get/use character references on affidavits showing im not that person?
i can show ive acted in best interests every step of the way .
what chance do i have in perth courts im stable no drugs or alcohol abuse not even a speeding fine was found by family consultant at mention hearing it went on for 2 years before i had a support network that allowed me to act and keep a job we were in massive debt she wouldnt come to party about so i had to work or go bankrupt had no family in the state to help me until about 6 months ago around the time my home was vandalised
what can i use or do from here?.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Character statements won't be any good. You need affidavits from witnesses, and for them to appear on your behalf in court.

Has the other party put in a response to your application?
 

yameater79

Active Member
24 April 2018
5
0
31
no nothing is apearing on the portal dcp have made thier reportand given me a copy aswell as courts failing to say i have contacted them and same with principles ignored mentioning my concerns i raised with them i need to go get what the op filed next week from the lawyer or court house whats the best way there fair process is i have copies served on me from thier app which went through before mine was filed even tho i lodged it 2 days prior i had to chase mine up and found was filed wrongly so my applications happend 2 weeks later thanks to the duty registrar
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
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2,894
www.hutchinsonlegal.com.au
Talk to the court about what is going to happen. It appears they now have 2 applications for the same matter and I'm not sure how they'll want to proceed..