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What hope for real cases

I was so angry today reading in a parenting forum that a mother is being taken to court by her ex and asking for help in way of that she doesn't want anything to do with him so if she accuses him of abuse will that stop him seeing the child and even asking if people can give her hints on what allegations to make.
WTF? - sorry not sure if that is allowed LOL.
but I have also been looking through case files and looking at utterly outrageous allegations including one that was posted on this site that the mother accussed the father of being into witchcraft and dancing around fires naked with the kids and in some cases it goes to the completely unbelievable.
This has made me so annoyed, if both mothers and fathers make false allegations and even openly ask for help to manipulate the system in this way what hope do those of us with real claims have?
I have already found out that many people before they even look at the proof you have, raise an eyebrow and weigh you up over abuse cases. Why be so vendictive? why make it harder on people who are really in abuse cases?

Sorry vent over, I just get so sick of the BS that come out and the stupid thing is that they do it so openly online where their ex's may see and hopefully if there is any justice they will be punished for this.
G'day FAITH,

I have some comments as to why these individuals take this course of action. Basicly, because they can.

I will use my own case as an extreme example, this occured over the last 8 years and culminated today. My ex has made five (5) AVO apps, all on false allegations. 1.Ordered in my absence, 2.Variation of (1.) Ordered in my absence, 3.Dismissed in my absence, 4.Dismissed in her absence and 5.Current.

The most recent is based on an offer for mediation made to her myspace page - response, solicitor's letter stating that she would contest contact and AVO app. Today I approached 2 mediation services in order to obtain a 60(i) cert. The first service was free and had a waiting period of 2 months. The second was charged and can act immediately, however are hesitant in acting as an AVO is proceeding and any contact by them upon my instigation may be deemed as a breach of Interim Orders or an Undertaking and need to seek their own legal advice. Does this mean that if an AVO is in place that a mediation service will not instigate mediation services? I understand that there is provision for grounds that mediation is not reasonable, however both services are hesitant in providing certificates in the current circumstances.

Effectively by making AVO applications, attempting to ensure they are made in my absence by not notifying me and fleeing before the Mention of each case, my ex has ensured that I have had no contact with our children for the entire eight years. A very effective tool, no?
Hi Faith

 What can one say there are many weapon in family law

 1st weapon         -  the AVO   Nothing needed but a "fear" of the other person
 The Big Guns       -  Abuse of the Children
 Nuclear Option     -  Sexual Abuse of the Children

Faith said
Sorry vent over, I just get so sick of the BS that come out and the stupid thing is that they do it so openly online where their ex's may see and hopefully if there is any justice they will be punished for this.
I'm sorry to say but the answer is no,  It is a shame that the resources of the police and DCP/DOCS are wasted investigating these false allegations.  

Faith can you whisper to me the location of the forum you are referring to.
Dalobsta - I totally feel for you, it must be so hard being on the end of false allegations.
In regards to your mediation, I was suggested a thing called shuttle mediation where as you can be as far away as one mediator sitting with you or your ex in the office and another mediator on the phone with the other parent. This is what occured in my situation.

newguy - eeek, makes me have goosebumps putting it that way. it is very unfair that time is wasted on those cases where it is just to get the custody. mine I am still waiting on them all agencies to do a proper job instead of just asking and believing the father. I think the AVO is different in every state though as I have had to have a pile of evidence before I can get mine - which will be this week finally, no more abuse, no more harrasment/stalking and no more control.thank god.

I was even more shocked before to find people responded with advice before it was removed - I emailed 7 times before i got a reply and post was removed - so much for moderators.

I wish there was someway this could change.
Faith, some people use the courts to try to gain advantage

My record is THREE AVO applications dismissed
TWO breaches of AVO dismissed
Assault and Stalking charges DISMISSED
charges of misrepresentation DISMISSED

All bar one in the space of 17 months, and all hand in hand with family law applications

Its the game some people play

thanks

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Society is it's own worse enemy.

We are shocked that this goes on yet we are taught to behave in this manner from birth, when you look at aspects of social integration, religion,law and gender groups it is amazing that children who turn into parents make it at all.

Most do not perceive the other party as being acting in the best interests of the child and at times we are all guilty of acting on our own interests first, sorry to say but we are taught to use these tools as well as where we stand in social order the lucky ones don't accept this cataloguing and fight for the rights of the child.

  
This is all sounding too familiar.

My ex kept my daughter from me for months by claiming that I was a pornographer and that I had an obsession with violence.

The obsession with violence accusation stems from the time I hired Big Arnie's 'Total Recall' and the pornography accusation is from when I needed sexual content for a video I was producing and had to go and buy some because I didn't actually own any.

Was I allowed to produce my 12 witnesses in court to testify to the contrary? Of course not. Was my affidavit believed? Of course not.

Was her affidavit believed? Does it matter? The hint of any sexual accusation was enough to err on the side of caution and keep my daughter from me for 4 months.

Eventually it was shown that there was no evidence to support her claims and I was granted interim contact. Was my ex brought to answer for her false accusations? No, of course she wasn't. Is the court fully aware that she was lying? Yes. Are they going to do anything about it? No. Can I do anything about it? No, not without going to trial.

But hey presto, she has a new argument for why I can't know my daughter. I haven't seen the child for months and therefore she has established a status quo with the child that should not be disturbed.

Was I legally represented? No. Why not? Because I can't afford it. Why can't I afford it? Because I'm too busy working to pay my child support. Can my ex afford it? No. Does she have representation? Yes. Why does she have representation and I don't? Because she was vindictive enough to go and get legal aid first.

Why does legal aid even take her case in the first place? Because she tells them every lie known to man about me being a violence obsessed pornographer. What Legal Aid lawyer wouldn't want to help a poor defenseless battling mother against an incideous Satan worshipping monster like me?
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