Question about family law...
I have a situation where the child was "recovered" on the basis of a lie.
The ex chose to have no contact from birth, refused to sign the birth certificate, even went so far as to say he was not the father, and kicked us out two weeks after the birth to shack up with another woman.
Last year, he decided he wanted to be his dad and the court said that the "child had right to know" his druggie dad, though he had to pass drug tests before visits. I moved interstate for work with the court's permission, telling them where I would be living and working.
I missed his first and only contact date as I had pneumonia. The kid had a chest infection, and out of nowhere, I had the AFP at my door, 3 days before Christmas and they whisked the child across the state lines. Local police said "judge said you can't see papers" as to the reason of recovery.
Ostensibly, my kid was forceably taken and thrown in the "care" of a man he has never met, very far from his brother and me.
I couldn't do a thing with Christmas and New Year.
Though we were promised daily contact by the judge, there was none. One contact made in six weeks. Dad would not give his phone number, so there was no way for me to call, can't afford Skype, and his phone constantly has battery or other issues.
January came and NSW Legal Aid said I didn't qualify as child was in a different state, and there Legal Aid said didn't qualify as I didn't live there.
I went to a family conference, and the consultant was absolutely hostile towards me - though the child was rapt to see us. This was demonstrated in her written report. She has since left employment there.
I went before a judge for interim orders in Feb and was further restricted to three calls a week, max 30mins, with a massive gag order on things we can discuss. Invariably, the phone is switched off at their end til the last 5mins... So of the 46hrs "contact", we have spoken a maximum 4hrs.
His lawyer implicated themselves by citing that I was a flight risk? Remember I told them where I had moved to, further by saying that I hadn't answered affidavit, which she confirmed had been sent to my out of state address (not even listed on the Portal - they didn't alter their records until March though they knew, and lastly that "AFP said I wasn't at the residence as stated".
No, I was at work! So AFP came at 7am next morning (saying that they knew where I worked and lived) and whisked the child away.
The dad is now wanting me to pay for a paternity test, and seeking sole custody of children, with only my supervised visitation (3hrs once a month) across state lines, dragging the child with me and a heap of other restrictions when I have done nothing wrong.
The judge was lied to and the the fallout on the child is night terrors (never had at home), full time nappy wearing (had transitioned to undies), and always searching for his sibling (they shared a room at home).
I am due in family court in May - for what I'm not sure. Is there a way to stop this BS from progressing, 'cause neither of the kids is doing well from this?
I have a situation where the child was "recovered" on the basis of a lie.
The ex chose to have no contact from birth, refused to sign the birth certificate, even went so far as to say he was not the father, and kicked us out two weeks after the birth to shack up with another woman.
Last year, he decided he wanted to be his dad and the court said that the "child had right to know" his druggie dad, though he had to pass drug tests before visits. I moved interstate for work with the court's permission, telling them where I would be living and working.
I missed his first and only contact date as I had pneumonia. The kid had a chest infection, and out of nowhere, I had the AFP at my door, 3 days before Christmas and they whisked the child across the state lines. Local police said "judge said you can't see papers" as to the reason of recovery.
Ostensibly, my kid was forceably taken and thrown in the "care" of a man he has never met, very far from his brother and me.
I couldn't do a thing with Christmas and New Year.
Though we were promised daily contact by the judge, there was none. One contact made in six weeks. Dad would not give his phone number, so there was no way for me to call, can't afford Skype, and his phone constantly has battery or other issues.
January came and NSW Legal Aid said I didn't qualify as child was in a different state, and there Legal Aid said didn't qualify as I didn't live there.
I went to a family conference, and the consultant was absolutely hostile towards me - though the child was rapt to see us. This was demonstrated in her written report. She has since left employment there.
I went before a judge for interim orders in Feb and was further restricted to three calls a week, max 30mins, with a massive gag order on things we can discuss. Invariably, the phone is switched off at their end til the last 5mins... So of the 46hrs "contact", we have spoken a maximum 4hrs.
His lawyer implicated themselves by citing that I was a flight risk? Remember I told them where I had moved to, further by saying that I hadn't answered affidavit, which she confirmed had been sent to my out of state address (not even listed on the Portal - they didn't alter their records until March though they knew, and lastly that "AFP said I wasn't at the residence as stated".
No, I was at work! So AFP came at 7am next morning (saying that they knew where I worked and lived) and whisked the child away.
The dad is now wanting me to pay for a paternity test, and seeking sole custody of children, with only my supervised visitation (3hrs once a month) across state lines, dragging the child with me and a heap of other restrictions when I have done nothing wrong.
The judge was lied to and the the fallout on the child is night terrors (never had at home), full time nappy wearing (had transitioned to undies), and always searching for his sibling (they shared a room at home).
I am due in family court in May - for what I'm not sure. Is there a way to stop this BS from progressing, 'cause neither of the kids is doing well from this?