QLD Other Party and Lawyer No Longer Working Together - What Now?

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Jake Matherson

Well-Known Member
15 June 2018
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29
659
Hey Nat,

Yes. From the start.

Child safety have done a report and only hold concerns for the child's time with the mother and not the father.

Short answer. There are addiction problems that are clouding sound judgement and reasoning.

She will draw this out as long as she can. Alllllll the way to trial taking as long as she can. Inevitably she will lose.(she has said this to me)

But she can't bring herself to ask for help. She has been court ordered to get help and hasn't.
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
Hey Nat,

Yes. From the start.

Child safety have done a report and only hold concerns for the child's time with the mother and not the father.

Short answer. There are addiction problems that are clouding sound judgement and reasoning.

She will draw this out as long as she can. Alllllll the way to trial taking as long as she can. Inevitably she will lose.(she has said this to me)

But she can't bring herself to ask for help. She has been court ordered to get help and hasn't.
Ok, well good luck with that, and all the best.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
keen to hear how you go mate.

(To long did not read)
No change from current parenting plan to newly proposed orders on account of Ex not consenting today due to last minute formal withdrawal or her legal representation.
Continue as we are until next hearing at the end of Feb. i.e she got let off with a warning.

(The longer story)
Everyone involved knew the Ex's lawyer wasn't acting for her for months however they never formally withdrew so all communications from ICL/me went to her lawyer in the lead up to court.

Ex's lawyer never passed on any correspondence to the Ex, therefore "I could not comply with the orders because they never told me I needed to pee in a cup today" was the defense used by the Ex in court. Regrettably, it kind of worked for short-term gains. 1 hour before the court. the Ex's lawyer emails everyone formally withdrawing from acting on my Ex's behalf.

30mins before the court the proposed consent orders are sent directly to the ex for the first time.
Obviously, she does not want to agree to them because they are heavily not in her favour. However, the Registrar notes that these orders are coming from the ICL and are agreeable by me and my mother who is also a party. So 3 vs 1.

Registrar pretty much never looked at me the entire time during court as she had nothing to say to me whereas she asked question after question of my Ex on account of there not being any information before the courts with regards to her order compliance.

The ICL told Registrar that Dad has done everything, DOCS are not concerned about him, DOCS are concerned about my Ex.

The result.

Pretty much she has 7 days to comply with all of the orders. This is why I say she was let off lightly as we both were given 7 days last time and I did everything and she just chose not to do anything for 3 months.

She needs to do hair follicle drug testing (she will fail) enrollment into all of the parenting courses that I have already completed and produced results of a drug test that she says she has done (she told me she failed it).

Why I say she has won short-term and will lose long term. Well, pretty much she Is just playing with the courts and ignoring the ICL who is seemingly already on my side.

So no formal orders about time with the child were made and we continue doing what we are currently doing which is still good for me as I am with the child daily.

It's just a pain in the butt for my mum who has to be the supervisor for my Ex too often.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Mate, be patient. I do think sometimes the courts work around giving people enough rope to see if they hang themselves....
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Update:

Short story, aforementioned rope has reached critical level.

The Ex ignored all court orders and communications from the ICL between December 2018 and February 2019

The Ex was seeing the child 3 times a week supervised at my mums house for up to 10+ hours a week.

Per ICL recommendation due to non compliance and poor behaviour the Ex's time has now been shifted to a contact centre. Likely 2 hours per fortnight.

Updated Family Report to come as the current report is outdated.
Will be listed for trial directions in July.

I am still with the child daily and things are getting easier.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Update:

I filed my Initiating paperwork a little over 1 year ago seeking sole parental responsibility and mothers time to be at a contact centre.

After a tiresome year of jumping through all of the hoops, parenting courses, drug tests, family reports, ICL's, etc..

The second Family Report recommendation done 9 months after the first report is that the child be placed solely in the Fathers care and no contact for the mother supervised or otherwise.

We have now been placed on the list of people waiting for trial dates to finalise this matter.

If you're going through hell just keep going.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Update:

Child almost 3

1.5 years into family court proceedings.
2 Family Reports, 1 Psyc Report, 1 ICL and yesterday I finally got Interim Orders by consent.

Child lives with Father 100%.
Father has sole parental responsibility.
Mother get's a weekly Face Time and fortnightly visits at a contact centre (pending centre availability) at her cost.

Final trial looks to be mid 2020.

The last two years have been a roller coaster to say the least. Hopefully things start going a little more smoothly.

As @sammy01 says just be patient.
 
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Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Thanks, appreciate the update, and pleased you got a result.