QLD Joint Case Summary - whats required?

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Migz

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20 November 2016
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The changeovers I will fight to keep as they are, (the Judge that made them that day was a smart cookie, as our normal Judge was away crook, wish she was crook all the time), so he made it parent to parents house as our daughter was only 9 months so it was less in and out of the vehicles etc. Plus as its pick up only from parents house, if she is running late which she can be by upto 45 minutes then my daughter and I just continue to play in the comfort of my property

I also need to comment, the Judge passed hers, and 3 of mine got a look in. It doesn't mean to say I agreed with hers, as I didn't, who in there right mind would agree with 4 hours on xmas day and doesn't even cover a meal time...unbelievable...

The only reason the supermarket changeover didn't get changed as I could prove the supermarket was 9km from her house, and 26km from mine, and also wasn't under video surveillance.
 

AllForHer

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23 July 2014
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And what are changeovers like when they're at the house? Are they tense? Are snide remarks exchanged? Is there comment about the state of the house?
 

Migz

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20 November 2016
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Nahh, as I said earlier, nothing is said, not a single thing, plus the fact that I had a vest made up to video all handovers back in October, since then there have been no more calls/visits from the police regarding breaches of the protection order. But I did get a ceased and desist letter from her lawyer asking me to stop videoing handovers. Oh the irony, so she can covertly audio record me, yet she wants me to stop videoing. So the fact that all handovers are videoed now, she is on her best behaviour, and pretty much just places my daughter outside her front door and lets her run to me. Looks great on video, and something that I want to present at the next Protection order court case, showing I'm no threat to my daughter as she had me made out to be.

I feel a bit upset for my daughter as I put her in the car she says "bye mummy", whilst waving...yet there is no one there to wave too anymore as the mother doesn't even come to wave goodbye anymore.
 
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AllForHer

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23 July 2014
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Not even a hello?

Mate, your changeovers sound tense, and I personally wouldn't want them occurring at my home either, if I knew I was being videoed on my own private property for unknown reasons. Whether she's a nutter or not, videoing anybody is highly intrusive and asking for trouble. Indeed, a lot of magistrates will consider that kind of behaviour intimidating, particularly with all the social rhetoric lately about videos being posted to social media without consent, so I can't say with any confidence that it's going to help your protection order matter, rather than hinder it.

Is there not a public place somewhere in the middle that you can propose? McDonald's Restaurants are favoured by the Court for the explicit reasoning that they have CCTV footage available, so why not find some happy medium, instead of 'fighting' to get your own way with no consideration for how toxic it is to be going to your ex's house and videoing her?
 

Migz

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20 November 2016
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We are dealing with a control freak... even the judge asked her to move it to the local cop shop and/or McDonald's...she said no to both...she said she didnt want our daughters handovers to be associated with a fast food restaurant. And the police station got the boot as its way closer to my house...

And thanks to the way the Queensland state laws are written both of us are at liberty to video the other. Even more so when you have Protection Order hanging over your head for the now mandatory length of 5 years. Also note I video the handovers at my place as well. Its called protecting your ass. Considering dvos are thrown around like candy at Halloween.

And nope not even a hello, merry christmas, happy birthday from her. At the start of this year I stopped as well. I now focus on talking to my daughter when I get out of the vehicle. Like "cmon gorgeous" or the like as she runs to me with a big smile.
 

AllForHer

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23 July 2014
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Yeah, okay, mate, I guess what would I know, eh?

I've just read your orders. Frankly, I think you're at risk of coming across as the control freak, and I say that without even having heard the mother's side of the story.
 

sammy01

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27 September 2015
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Yup there is a fair bit of pointlessness in your orders.
Stuff like excessive alcohol and third parties are not allowed to expose the child to violence...
Get rid of it.. WHY? well do you expect her to call you up and say 'oops I've breached order XXX by drinking too much' and 'oh I've had a fight infront of the kid with my new partner.... Aint gonna happen...

I foolishly thought an order like - in the event that mum can not supervise the children when they would otherwise be in her care she must give dad the first option to supervise.... She never did and when I caught her out there was bs excuses. Nothing worth filing a contravention for so why bother???
 

Migz

Well-Known Member
20 November 2016
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Thanks Allforher, I appreciate your input on the orders and will follow it up. A large percentage of those orders were actually copied straight from austlii rulings made by judges. The time spent with the father say on holidays was written like that...as way back at the start it says child lives with mother and spends time with father. I wasnt aware that my orders have to be written up as her orders as well. Thats new to me. But Ill take it on board. Also the commumication needs to be rewritten as I just need to carry out some more research on the best way for them to be written now that our daughter is approaching 2yo.

And as for schools and like at age 7 Ive been advised that it will be back in court or FDR before she starts school anyway. So thats why I have gone that far into the future. Thanks again
 

Rod

Lawyer
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27 May 2014
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Nothing wrong with having detailed orders and I applaud the attempt. Not too bad for a self repper. But see AllForHers comments for improvements.

Suggest more reading in Austlii can improve the orders even more. :)

EDIT UPDATE FYI: Read your post after posting mine.
 
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Migz

Well-Known Member
20 November 2016
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Thanks Sammy01...but the judge has actually included them on the interim orders already. Along with orders relating to council boundary. Access to daycare and medical information.