Hi,
I have family court orders in place about my son's residence, travels, and visits. The family court orders say that whenever I want to travel abroad with my son, I have to ask his father for consent and that he is to give me consent once I send him the itinerary of my proposed travels. The consent or no consent is to be given in 14 days from the request.
The father not only did reply with verbal consent but when I required written consent he started to put his own conditions, requesting information that I did not have to supply before consent was given and even personal details and ridiculous requests (like complaining about not knowing how to dial an international phone that was provided and thus requesting a document with the instructions to do so).
I was running out of time to prepare for the travel overseas and after complying with his fourth request, I feared he would never give me consent and I looked for legal advice and was told that effectively he was contravening the family court orders we had in place. So I initiated an application.
I had a hearing and the following happened:
I was treated very poorly and basically told off because I took this case to court because the moment the magistrate asked the father whether he was willing to give consent he said "yes", when all the time prior to the court proceeding, the answer had been "no". Then the magistrate asked which were his conditions to give consent.
I tried to talk because we actually have family court orders he did not comply with and he denied consent unreasonably. However, I was silenced without being given the chance to speak by the magistrate. The father told the magistrate the conditions for his consent and she said she would make orders in which I have to comply with such conditions to get consent. I tried to talk in a couple of occasions and I was told off without a chance to speak clearly about anything.
On the other hand, the father was given free speech and even when I tried to say something because he was giving false information, I was scolded as if I were a little girl having a tantrum.
Now, I decided to stop trying to bring up my point, as after a third try I realised it was absolutely pointless: the magistrate didn't seem willing to listen to me. Now I have another court order that says the father is to give me consent upon compliance of his conditions.
First of all: we already had court orders in place that he did not comply with and in which he was to give me consent upon certain conditions, which I complied with. So now I am not sure what this means to me and whether this has been solved. He already had the power to give or deny consent under certain conditions that were already specified. Now he also can give or deny consent according to his whimsical conditions which a magistrate has approved.
So from my point of view, I am in the same situation before the hearing and with new court orders that do as much as the ones I already had. I don't see where the solution is.
Second:
The way I was treated in comparison with the treatment he received it is outrageous. So my question is:
Is there any way I can put a complaint with any practical result in my favour against the magistrate that dealt with my case? Providing that:
Thanks!
I have family court orders in place about my son's residence, travels, and visits. The family court orders say that whenever I want to travel abroad with my son, I have to ask his father for consent and that he is to give me consent once I send him the itinerary of my proposed travels. The consent or no consent is to be given in 14 days from the request.
The father not only did reply with verbal consent but when I required written consent he started to put his own conditions, requesting information that I did not have to supply before consent was given and even personal details and ridiculous requests (like complaining about not knowing how to dial an international phone that was provided and thus requesting a document with the instructions to do so).
I was running out of time to prepare for the travel overseas and after complying with his fourth request, I feared he would never give me consent and I looked for legal advice and was told that effectively he was contravening the family court orders we had in place. So I initiated an application.
I had a hearing and the following happened:
I was treated very poorly and basically told off because I took this case to court because the moment the magistrate asked the father whether he was willing to give consent he said "yes", when all the time prior to the court proceeding, the answer had been "no". Then the magistrate asked which were his conditions to give consent.
I tried to talk because we actually have family court orders he did not comply with and he denied consent unreasonably. However, I was silenced without being given the chance to speak by the magistrate. The father told the magistrate the conditions for his consent and she said she would make orders in which I have to comply with such conditions to get consent. I tried to talk in a couple of occasions and I was told off without a chance to speak clearly about anything.
On the other hand, the father was given free speech and even when I tried to say something because he was giving false information, I was scolded as if I were a little girl having a tantrum.
Now, I decided to stop trying to bring up my point, as after a third try I realised it was absolutely pointless: the magistrate didn't seem willing to listen to me. Now I have another court order that says the father is to give me consent upon compliance of his conditions.
First of all: we already had court orders in place that he did not comply with and in which he was to give me consent upon certain conditions, which I complied with. So now I am not sure what this means to me and whether this has been solved. He already had the power to give or deny consent under certain conditions that were already specified. Now he also can give or deny consent according to his whimsical conditions which a magistrate has approved.
So from my point of view, I am in the same situation before the hearing and with new court orders that do as much as the ones I already had. I don't see where the solution is.
Second:
The way I was treated in comparison with the treatment he received it is outrageous. So my question is:
Is there any way I can put a complaint with any practical result in my favour against the magistrate that dealt with my case? Providing that:
- I wasn't given a real chance to talk
- The other party had not filed a single document in response to the application
- The other party was allowed to express his point while I wasn´t.
- The magistrate gave more weight to the other party´s word in that very hearing than to all the written proof I had provided in my filed affidavit.
- Whenever I tried to talk I was silenced, whilst whenever the other party talked the magistrate would listen attentively.
Thanks!