QLD Mother Failed to Respond to Application - Recourse Under Family Law?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Clayton Myers

Active Member
22 November 2016
6
3
34
Hi All,

I am a self-represented father and have been really given the run around by my ex and her solicitors. I was issued the certificate from mediation as the other party has been flat out refusing me any contact with my 3 children and has done everything possible to make life as difficult as possible for me.

The first hearing is on Monday the 28th and the other party has still not filed a response to the interim and final parenting orders. I am concerned that this is a delaying tactic to ensure I have little or no contact over Christmas! I believe that her solicitors have advised this course of action as they are more interested in the property settlement as the other party has around $400k in personal debt including over $100k to the ATO, so she needs basically all of our assets to satisfy.

Anyone got any family law opinion on how I can at least get an interim order so I can see my kids? I was the primary caregiver as a househusband and have raised my children for over 10 years.
 
  • Like
Reactions: Timnuts

sammy01

Well-Known Member
27 September 2015
4,770
690
2,894
She is likely to get a delay. Just accept that the legal system is slow. Mate, I sometimes think there is some logic in the delays. See, she is gonna have to establish good reason for not letting you see the kids.

In the meantime, you need to do nothing dumb to give her any grounds to justify her actions.

Eventually the judge will see that the delays and refusing you access are bad form on her part in the meantime. Be patient.
 
  • Like
Reactions: Timnuts

Clayton Myers

Active Member
22 November 2016
6
3
34
Thanks Sammy01,

I probably know that, just hoping for a magic bullet! It has been nearly 6 months since they were taken and it is a challenge!

Thanks!
 
  • Like
Reactions: Timnuts

sammy01

Well-Known Member
27 September 2015
4,770
690
2,894
So what reasons do you think she will give for preventing you seeing the kids? Mate stick with it. Robert Larkin's book called "Breaking Up" is a good read to get started on self-reping.
 
  • Like
Reactions: Timnuts

Clayton Myers

Active Member
22 November 2016
6
3
34
My wife is a narcissist (and a diagnosed one). Due to our financial position she cannot afford anything else but our complete asset pool. I have had a DVO, a breach and an assault charge levelled against me. None of them will hold up and I have been complete no contact with her for 6 months now and am in hiding.

If she finds me, she will attempt to allege further issues. I know that sounds ridiculous but the breach and assault are from when she broke into my home and refused to leave, long story...
 
  • Like
Reactions: Timnuts

Clayton Myers

Active Member
22 November 2016
6
3
34
I think the use of emotional and other forms of intimidation by women is a real issue. I am very frustrated and disappointed in the response males get when they seek help and the protection of law.

I just had an "address for service" filed by the respondent to try and find out my address, even though I had already supplied a PO Box address for service to the other party's solicitor weeks ago. Also had to inform the police as I found the respondent driving the streets in my locality trying to ascertain my new address. Their response was quite frankly humiliating...

So I have a first hearing on the initiating order and interim and final parenting orders with no response filed and an entire weekend of discomfort so the court can grant her an adjournment and I will not get to see my children till next year.

I understand that I can file this, etc and the registrar said the Magistrate will view it poorly, blah blah.

I just wonder if it was me engaging in this behaviour, how long would it be before I had the police on my doorstep?