QLD Legal Aid Representation for Uncooperative Mothers?

[JadeGoldCoast]

Great news! When we spoke with the duty lawyer this morning, he explained that the mother had already attended a first mention for a interim domestic violence order and had been refused.

On this news we stated we intended to refute the DVO. After hours of waiting around the duty lawyer informed us the mother was intending to withdraw her application!

Such a weight lifted off our shoulders that we can focus on the next child directions hearing and get this affidavit finished. Hopefully no more DVO's!

Also the grandmother had her interview last night with the police in regards to the charges that have been pressed on her by the mother, nothing is official as of yet but he told the grandmother not to worry as he couldn't see anything worth pressing charges on.

 

[AllForHer]

That's great to hear! Not an uncommon outcome, either, usually someone in the curtains is telling them that it's a waste of time because it won't amount to the real outcome they're wanting (which in this case is ousting dad from kiddo's life).

When is your next hearing for parenting?

 

[JadeGoldCoast]

23rd March so only a few weeks out now! We are praying to go back to overnights with the child but are also concerned the judge may want to wait until a clean hair follicle test has returned after all the mother's allegations. My partner picked up his latest urine screen today.

We will email to the mother tomorrow and ask if she can request a random screen between now and court. I doubt she will as she didn't reply last time, but hopefully it will show my partner is trying to alleviate her concerns around drug use.

A quick question regarding our affidavit, I have had some conflicting information on whether we should respond to every point in the mother's affidavit? When I called up the federal circuit court the lady on the phone said not to bother. She said the mother's affidavit is her view, we give ours, the judge makes a decision from there.

However, the last advice the lawyer gave my partner (now old lawyer as she said she will no longer be able to give advice unless we take her on completely for the case) was that it is important we respond to every paragraph of the mother's affidavit. Even if it is just a simple 'I agree' or 'I disagree'. So now a little confused.

 

[AllForHer]

Rule of thumb is that whatever evidence isn't disputed, is accepted by the Court as fact.

If you don't agree with the facts as they've been provided by mum, you need to say you disagree and give your version as you understand them.

Just make sure they're not petty disputations that arise out of differences of opinion, rather than competing facts.

 

[JadeGoldCoast]

Thank you! Oh dear, most of the affidavit is fictional and we are trying to keep this affidavit as short as possible. In regards to petty disputations, the mother has disagreed on the date my partner and her broke up and has stated her fictional date. Would that be seen as irrelevant to the child case? It's definitely a fact that we can prove with messages but not sure if important?

And so if we do agree, can we ignore it? As in we can just address the ones we disagree with? Trying to save space.

 

[sammy01]

Just play smart - She says they broke up on Tuesday. You say it was Thursday. Who cares. Just agree...

She says he is a drug addict... Disagree...

She says there was violence - just write disagree... Keep it short and factual.

 

[AllForHer]

Agree with the above. If the case won't turn on it, just leave it as fact according to whatever mum says and move on to the important stuff. We plucked a 'break up date' out of thin air in my husband's matter, but mum just agreed because it was roughly right and wasn't terribly relevant for the case anyway.

 

[Rod]

You should respond to each and every paragraph that is important to you. If you do not respond the court may well accept that paragraph as true.

I'd be responding to each and every paragraph, fictional or true. You should give additional information where you disagree, preferably with evidence of your own, or saying you need her to prove her allegation.

Do not skimp on the effort you need to put in at this stage of proceedings.

 

[JadeGoldCoast]

Thanks for all of your replies! I have written up a rough draft. Trying to keep as short and factual as possible. Need to start getting the annexes organised and then I'll go through it again with fresh eyes. I didn't realise we could ask the mother to prove her allegations.

To be honest, we made sure to include facts in our affidavit so it's going to be fairly straight forward to disprove the mother's lies. Especially when her affidavit and notice of risk stories don't all match.

It's weird because my partner told the mother at the start of all this that he had kept their messages as evidence, yet she has lied about so many things that can easily be proven by text correspondence. I can't work out if she believes her own lies or just knows her case is weak.

 

[JadeGoldCoast]

Quick question if anyone can help. Is there a template for the Federal Circuit Court for Annexures? Or a template for the bottom of the pages of the affidavit where the deponent or witness needs to sign? Or do we just make our own? I think the formatting of the affidavit is stressing me out more than the actual body of the affidavit.