QLD I need help on what I should do

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Ashley22

Member
27 September 2018
2
0
1
I’m a mother of 3 im Currently going through family court and just heard some devastating news because of an psychiatrists report that went totally against me and was one sided naming me a bad parent and him the good parent nothing wrong with him (which by the way is not true as the kids has repeatedly told me of every abuse he has done), but my ex who I was with for 5 years abused me and this year has abused my kids.
Now he is set to get away with it, with the odds stacked against me in court I was told I had a catch 22 situation. I was dammed if I kept fighting for my children and dammed if I didn’t fight for them and set to lose them permently or because of his abuse I got ptsd disorder I can’t live where I currently am due to trauma caused by him I have to move interstate, but I can’t take my children with me even though he can only phone them and if I do move I can only see my children on the school holidays.
Everyone knew of this abuse docs and police but no one did anything to prevent it I’m on my own to make the hardest decision of my life and have no idea what to do
 

sammy01

Well-Known Member
27 September 2015
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720
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when you say a psychiatrist, do you mean a family report writer? If so take their advice or risk losing the kids
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Ok, so time to change your strategy here. Let me repeat my question. Was it the family report writer's report? If so then you need to understand that the report has substantial weight in determining what the magistrate will do.

So he decided to drop all the things that YOU said the kids said... That means he considered the things you to have said to either be an exaggeration or not relevant. Family report writers are independent - Sure you don't like what they have written. But it is at your peril to ignore it.
BTW it isn't about the ex winning, or you winning. The judge will make a determination based on the information provide. Clearly the information you provided was not considered as true, or not relevant to the best interest of the kids.
 

Hummingbird

Well-Known Member
1 August 2018
32
7
149
Unless you have evidence of the abuse, filed police reports to back up the abuse and demonstrate that you were proactive in removing the children from abuse once known, this will probably not end the way you're hoping. Trial is the only real place where it's not just he said she said, it's the facts and the evidence to prove or disprove claims. It is your choice after the report to proceed to trial, but if you have no evidence of abuse and no police reports, claims of abuse may be completely disregarded. If your story is inconsistent, if your behaviour towards the father has been hostile, if you have attempted to keep the children away from the father without any good reason eg. the filed reports of abuse, all this will only make things worse for you in a trial. If he has evidence of you using drugs, not coping with your illness, instablity in living and work arrangements, or anything to put the kids at risk you will also not get a good outcome. The fact that you want to move interstate and take the kids away from their father also complicates things for you and may not help your case, as if they decide you aren't credible with the claims of abuse they may believe that you would not encourage a good relationship with the father if the kids go with you.

If you have the evidence, time and money you can fight. You can take it to trial. However, you have been advised that you risk kids altogether. The court does not care about unsubstantiated accusations, the judge is assessing what is a better arrangement for the children to thrive, and it sounds like the family report is a warning that the arrangement the father seeks might be seen as more stable.
 

sammy01

Well-Known Member
27 September 2015
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720
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I'd go one further than Hummingbird... filed police reports are not enough. Police need to investiage (if they did not then they took the complaint as without merit) Charges need to be laid and a conviction found against the alleged... Innocent until proven guilty still exists.

If a family report writer has done interviewes etc etc and found no evidence of abuse then THERE IS NO ABUSE... Simple