NSW Unfair Trial Outcome with Family Court - Now What?

[Bigler129]

Trial has just finished. I knew it would be a hard battle but I never thought the outcome would be so inconsiderate. I will try and sum it up.

Both children were born in QLD when we separated. She moved to NSW to be with family. I did not want to stop her so long as I still saw my boys.

Well, 4 years in and out of court and trial has just finished. The trial was heavily based on my PTSD from Afghanistan for 2 years out of our 10 year marriage.

I have a fiancée and I look after her daughter who same age as my son. None of this seem to have any weight. I had my treating psychologist be a witness and they stipulated that I was in no danger to myself or anyone.

The outcome was thus the Judge hinted I would have 1-hour contact with the boys for 12 months in a contact centre! No Skype or telephone as the mother was already in breach of our last order, so there was no point as she wouldn’t abide?

The most mind blowing remark was, "if either of you breach the orders, we will be back in family court and I will have to rule one parent out", and it would be me. So he just gave her the green light to breach orders and be rewarded.

Forgot to mention I live on Sunshine Coast. I’m now expected to drive 20 hours return or fly in hire a car for 1 hour visitations.

 

[AllForHer]

Did something happen when you were suffering from PTSD? How long ago was the two-year period that you've mentioned?

 

[Bigler129]

Did something happen when you were suffering from PTSD? How long ago was the two-year period that you've mentioned?

Hi

Yes I did try to commit suicide in 2014. However I have never relapsed. They only focused on the years 2012 to 2014 when I first came back from Afghanistan and was newly diagnosed and also went through the marriage break down.

They went down the domestic violence track because I was unstable and did call her a few names in one fight.

 

[AllForHer]

Mm, unfortunately, that is pretty serious in terms of 'unacceptable risk of harm to kids'.

But an hour supervised is a bit extreme.

Wait until the judge actually releases the orders and reasons for judgement before anything else. Was a time frame given for that?

 

[Bigler129]

He said about 2 weeks.

 

[AllForHer]

Keep seeing your psychologist for now, look after yourself. Judges do a lot of review after the case has been finalised, so what was said in Court may not reflect the final orders.

Waiting game.

 

[PosComs]

this organisation might be helpful Contact Us | Men's Rights Agency so much is for the woman nowadays and seen a lot of unfair circumstances it actually depresses me and I'm a female, good luck old mate lucky you have a partner who has obviously changed everything in your life including a new little person.