QLD Should I Respond to "Response to Initiating Application?

[Wayne001]

I don't want to overload the judge but at the same time, there are important facts that I feel are relevant in helping make a decision as to whether she allows the case to be transferred interstate which is what I really want to avoid. My initial affidavit didn't outline a few points which I feel add context to a lot of what she is claiming against me. Plus there are the straight out lies that contradict evidence I have.

Even though it's just an interim hearing, I'm worried the judge will go off inaccurate information and then allow the case to be moved and not consider a relocation so I can start seeing my son.

Key points that I feel are relevant for the judge to know are:

• Point out that she is claiming we separated a year earlier than what we did and has based other points of her affidavit on this.
• The mother is saying that she has moved interstate to get away from abuse and violence, yet this contradicts messages she has sent me.
• The day I served her with the Initiating Application, she called the ex-husband and threatened him on voicemail. He has provided an affidavit against her. It relates to the lies and stories she has said and how he has witnessed her manipulate our son into saying things that never actually happened.
• She also made false accusations about the ex-husband to a Government department which she has had to retract to avoid facing charges for making false claims.

 

[MartyK]

Do you mean that your ex partners, ex husband, has already filed an affidavit on your behalf in this case?

 

[Wayne001]

Do you mean that your ex partners, ex husband, has already filed an affidavit on your behalf in this case?

Yes he has. He was living with my ex partner and my son after I had separated from her and then they got married....and then divorced within a few months.

 

[MartyK]

Ok, so as to your points.

Point 1. Make a copy of her affidavit. Highlight where this creates an issue of the facts. Raise this orally.

Point 2. Print out messages, in order (including your own) and have a hard copy of this for the interim hearing (and extras in case you need to hand one to the Judge and other sides lawyer, ICL et al). If needed raise the contradictions in front of the Judge, holding the printed sheet in your hand (so everyone can see you have proof).

Refer to the sheet you are holding and read out one or 2 of the messages directly from the sheet (if text messages they should be relatively short). Offer the Judge, if his honour should so desire, a copy. You are self represented and not a lawyer (I'm assuming)...so while you will need to be courteous and show respect, you do not need to use legal speak per se.

Points 3 & 4. These issues have already been filed with the Court in the form of an affidavit from her ex husband. At this time, you can refer to his affidavit in your oral arguments.

 

[Wayne001]

Hi Wayne - I am wondering how you got on and the outcome??

Hey Meegee, It's been a while now, but the whole matter went to court and there are parenting orders in place. Things started off really well but have continued to deteriorate, unfortunately. I'm now basically dealing with parental alienation where the child hardly wants to speak to me or see me, although I can see has fun when with me but isn't allowed to admit say that or admit that. I'm not really sure what I'm going to do from here. The mother has done very little to support a healthy relationship and continues to poison the child making it difficult to have any form of a healthy relationship with them.

 

[sammy01]

Hi Wayne did you get parenting orders?
If so are they being followed?

 

[Wayne001]

Hi Wayne did you get parenting orders?
If so are they being followed?

Hey Sammy01, Yes I did get parenting orders but they aren't being followed. The other parent has made it very difficult to follow the orders and continually gives excuses as to why they can't be followed. On top of this, there is all the negative talk that the other parent has done to the child, to the point where the child tells me they don't want to talk to me or see me. The more I push to see or contact the child, the more resistance there is which I feel is only making things worse. The way I see it, my only option is to go back to court, unfortunately.