"Ex Parte Orders" A useful tool or an evil weapon condoned by the Family Court
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#226 (In Topic #111)
Ex Parte orders are commonly used by cunning and devious parents to get access, kidnap children or rip perfectly good Mums or Dads away from their childen without any representation or examination of the facts!
What advice and commentary do we have for members who have come up against "ExParte" hearings where orders have been made without one or other of the parents being present?
OneRingRules saidWhat advice and commentary do we have for members who have come up against ExParte hearings where orders have been made without one or other of the parents being present?
Unfortunately, this is a practice in the law that has no legal principles to support it; and innumerable long established legal principles that should prevent it, yet the practice has popular political support. Ex parte orders and the results ignore so many basic principles of law as to drive the mind numb. There is, in fact, no law that allows such orders or any evidence resulting from such orders to be presented in court as evidence. Ex parte is an illegal exercise before the law, simply, and should exclude any resulting practice and evidence.
It is even intuitively wrong.
To ask what advice can be offered is to ask what advice can be offered against the Big Lie. The situation is the same.
People have been dispossessed, been driven to acts otherwise against their nature, and even to suicide by such actions before the law throughout history.
But the lessons have not been learned.
One commentator recently stated that over 10,000 men have died during the tenure of the Howard government because of injustices in the FCoA, FMC, and the prejudices made into regulation in the CSA. Any intelligent observer of history will tell you that such things are no a surprise.
The only reasonable advice that can be given to someone facing a Big Lie made into law and enforced by the machinery of law is to leave the country or suffer the consequences. How many ethnic and racial groups down through history have learned this lesson the hard way?
If you would like to see how ex parte judgment and becomes an influence - a Big Lie - all one has to do is read the article about QLD Premeir Iemma on the News section of these forums. The "evidence" is entirely emotional, encouraged and exaggerated by the absence of any attempt to seek the whole truth. It is an easy, intense, emotional appeal that results in an irresponsible and immature decision by the Premier. - There is no real difference in every ex parte court order.
The perpetrators of ex parte allegations are driven by guilt to attempt to seek vindication. The results are idiotic statistics which condemn the whole of Australian society; people being treated as criminals who have committed no crime; and the loss of civil and human rights without justification.
What little advice can be given would be to understand these facts, and to console oneself with the small comfort there is in them.
The extent of ex parte judgments and orders has never been shown. Literally, millions have been killed in some otherwise civilized countries.
What is even sadder is that those who suffer from such injustices do not decide to change the practice before the law. The only result is a destructive cynicism most often expressed in a deep, abiding distrust of the law.
Last edit: by OneRingRules
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