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Magistrate didn't read my application!!!

Recently went to court for interim orders. The magistrate made the order that my children must return to live with their father.
I understand that the evidence in my application cannot be used to make a decision at an interim hearing where the father denies any wrong doing, however the magistrate has denied me a final hearing. This means that the 5 years of neglect and abuse of my children by their father, that I included in my application is ignored. I wont get my day in court.
To make matters worse… The magistrate asked my barrister what the issues were!! My barrister told the magistrate that the issues were as set out in my application. Magistrate seemed lost so I had to advise verbally what the issues were.
One of these issues that I provided evidence from third parties about was the fact that my children had massive head lice infestations for about 8 months of each year for the last 4 years. The father had refused to do anything about this problem. The magistrate said to me "Children get head lice all the time" as though it were nothing.
I am just blown away. There was not one thing in the father's application that was against me because I have done everything I needed to do.
I may as well have flushed 12k down the loo. :(
I had a final hearing and the magistrate didn't read ANY of the information which I had prepared. He had no knowledge of the information in any of my affidavits or my application and what I was asking for. He ignored the ICL and discounted the damning information in the Family Report !!! He fell asleep when I was being cross-exaimined. He encouraged and laughed with my ex when he made racially discriminatory remarks and jokes about my family whilst he was on the stand !! He asked my mother several questions whilst she was on the stand and tore shreds off her when she didn't give the answer he wanted, the then went on to tell her the answer he wanted and asked her again to answer and she refused so he went mental !
I wonder how they actually choose some magistrates !! Especially the one I was before !! He was terrible !! It seemed like all he wanted was to make sure that the father had the kids no matter what else was happening or what the history was or what issues the father had! I am now facing the man who abused me for most of our 13yr relationship each and every fortnight. I am open to his abuse and he takes advantage of it. My children and I are having to travel between 9 and 10 hours each fortnight so they are able to visit their father as when I finally broke up with him he moved away.

In an interim hearing it is not uncommon at all for a Magistrate not to read the affidavits. In fact it is uncommon that they do read them. It is expected that the parties detail the required facts to them at the hearing. The solicitors all know this and should be prepared for it. A good solicitor or SRL will have the keys issues prepared in summary to present at the interim hearing. This is crucial to this hearing and its outcome. The fact the Magistrate had to ask tells a story in itself. The solicitor should be held responsible for this.

I do not understand why the matter is not booked in for a final hearing. I can only assume this is not the first time it came before the court and the case for a new hearing was not sufficiently argued. It is highly unusual for a matter to be finalised at interims unless by consent. In fact I don't think it can be done.

Also the head lice issue is common, often raised, and almost always dismissed as trivial. Again the $olicitor would have known this.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
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