Donate Child Support Calculator
Skip navigation

Favouritism for Australians in Australian courts

never even given a chance

I was sent back to Australia after having returned to the UK.

Despite the paternal father of my children paying for our flights and signing for British passports, he was able to change his mind and send the police through my door in England.

I got made homeless in Australia with my 2 children aged 1 and 2.

The father paid a barrister Richard Klimak from Klimak and Co solictors and I was given no repusentation and no help basically got told to leave my children with there father and go home even though I had been there main carer since birth.

I lived there for a whole year before it was taken to trial only to be told I do not stand a chance and I lost.

I was assaulted by the father and put in hospital; he broke all his court orders and yet he still won.

The Australian court system is courupt and unjust.

My children cry for me yet they don't care because I'm not Australian.

There is so many women stuck there and things need to change.

There are women killing themselves because of the Western Australian court system and it needs to be brought to the light and people's homecountries need to stand by them and help them get home.
Katy - There are always two sides to a story and yours is a bit scant at the moment. You might like to check the suicide figures between men and women and you will see that four times as many men succeed.

further info

dont talk to me like u no, there was 50 woman infront of me trying to get a court date in australia all of them wanting to go home and they cant because of men!!! the thing my x went a skool in england he had more friend and more family there...i had no one in australia. Yet because he got in trouble an done a runner there n i followed him he can no longer return to england as he thinks he will get beat up. so u think this is fair me 21 live the other side of the world to everyone and everything i no because he is 2 scared both his parents and brother are in uk. i was given no legal aid wilst he pays 100 grand for a solicter and i have to go up against his solicter on a three day trial!!! i did not brake one of my court orders yet he broke of his i never once stopped him seein his children yet he will do anything so tht i dont see them. there are so little family lawyers in perth and they all no each other and if it wasnt for the help of a lady called gillian hodge me and my children wud have been homeless becoz of him and the courts. the australian coruts and canadian courts are now going to be looked into because for some reason no matter how strong ur case the australian always win. I made the biggest mistake of my life going back and trying to do everthing by the book i wasnt even ordered bak i went volunterly!! they really dont care out there both children wanted to come with me but they care what they say. I advise any woman that gets ordered back to australia to never ever go disappear and never look back because you will loose your children if ur x is australian, the best places to go are in europe exspecially france because it takes them so long to take it to court there that by the time it does it would have been about 18months n after a year of being somewhere it becomes there new place of residance....please do not makes the same mistakes i did
Um… are the children Australian by birth?

there was 50 woman infront of me trying to get a court date in australia all of them wanting to go home and they cant because of men!!!
How could you possibly know this?

In any event, you've obviously been through a distressing series of events. Its difficult of offer any meaningful feedback without further information. Also I'd suggest it doesn't serve you nor advance you cause by get up in thoughts of 'corruption' etc. Such thoughts would likely undermine and hinder your ability to deal with your situation effectively and to get on with what you need to do. 

4MYDAUGHTER
katy said
I was sent back to Australia after having returned to the UK.
What were the circumstance? Who sent you back?
katy said
Despite the paternal father of my children paying for our flights and signing for British passports, he was able to change his mind and send the police through my door in England.
So if I understand it correctly your current partner got you to the UK, got you all passports and then did something… That something I am not sure I understand what it is because I would have thought once you had British passports that you just don't take those away. So you would not have to leave the UK.
katy said
I got made homeless in Australia with my 2 children aged 1 and 2.
So for some reason you left the UK and arrived in Australia with no where to stay, no friends and no job.
katy said
The father paid a barrister Richard Klimak from Klimak and Co solictors and I was given no representation and no help basically got told to leave my children with their father and go home even though I had been there main carer since birth.
So it appears there is a family court matter that has been run. Why did you not have legal aid? Did you contact any of the SRL groups for assistance? Who helped you through the Family Court matter?
katy said
I was assaulted by the father and put in hospital; he broke all his court orders and yet he still won.
In Australia if you are assaulted the Police take action. If the assault was not reported to the Police you could well have filed with a local chamber registrar at a local court.
katy said
The Australian court system is courupt and unjust.
We have had many good outcomes. Even yesterday in the Federal Magistrates Court FM Halligan, a no nonsense FM obtained a good outcome for a family who had a conflictual case. Our experience is not all bad. There are many good results although Western Australia is a more problematic jurisdiction it appears from the posts we read here.
katy said
My children cry for me yet they don't care because I'm not Australian.

There is so many women stuck there and things need to change.

There are women killing themselves because of the Western Australian court system and it needs to be brought to the light and people's homecountries need to stand by them and help them get home.
Do you think Islamic law would be any better? What law would you suggest that Western Australia operates? The official suicide figures do not support your claims. It is hard to assist you in any matter as it is difficult to understand what has gone on, where you are at now and what you want for the future. Are you in Australia? Have you been to any organisations for assistance? Have you contacted any refuge centres, Centrelink?


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Secretary_SPCA said
Are you in Australia?
The IP addresses used indicate that the posts from Katy were made from Spain.

Katy said
There are so little family lawyers in perth and they all no each other and if it wasnt for the help of a lady called gillian hodge me and my children wud have been homeless becoz of him and the courts.

FindLaw Australia - Profile removed said
Gillian Hodge specialises in the following areas:

    * Divorce
    * Children
    * Separation
    * Property Settlement
    * Financial Disputes
    * Agreements
    * AVO/Domestic Violence
    * Marriage and Civil Partnerships

Phone 08 9486 1766
Fax 08 9324 3644
Website Family Lawyer | DS Family Law | Perth, WA & NT Australia
Email Contact Gillian Hodge (online submission)


ERROR: A link was posted here (url) but it appears to be a broken link.
http://www.dsfamilylaw.com.au/why-use-family-law.html said
Family lawyers who see the big picture

    *
      Total focus on Family Law

      You talk to people who work exclusively in Family and De Facto Relationship Law, not general lawyers who just "dabble" in what has become a highly specialised field.
    *
      Perth and regional access

      You may meet our partners in Perth, Geraldton, Mandurah, Kalgoorlie or Esperance.
    *
      Ability to resolve complex estates and business interests

      For example, we have a record of success with the unique challenges of property settlements that involve farming and cray fishing.
    *
      Predictable costs and fees

      You learn the likely costs and fees at the outset and receive itemised accounts each month. There are no surprises at the end of your case. "Pre-settlement" lending facilities may be available in some cases, in the event you cannot meet your fees until settlement has gone through.
    *
      Access to a supportive network

      If your requirements extend beyond our expertise, we can provide you with access to reputable financial planners, accountants and commercial solicitors.
    *
      No unnecessary expense

      Our time and your money is precious. We only pursue justifiable outcomes.
    *
      No unnecessary litigation

      We prefer an early, negotiated settlement. Litigation is a last resort.
    *
      Prompt informative service

      You will receive:
          o copies of all relevant documents;
          o quick responses to all enquiries;
          o full information about the progress of your matter.

       
    *
      Modern efficient practice

      We use the latest technology and systems to increase efficiency and reduce your costs.


A search on Findlaw comes up with 84 firms that deal with Family Law in Perth about half of Sydney, Brisbane and Melbourne, around the same as Adelaide and Canberra and three times as many as Hobart and Launceston. Obviously they ll know each other as they are in competition with each other and will go to the same court. This does not exclude them from competing in court which is the job they do.

Last edit: by MikeT

Thanks Mike.. I was looking to see if she was currently located in Australia. I find it hard to get any traction on this topic. There is much missing in this thread...

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

reply to questions

to answer your questions. my circumstances were that me and my ex split up he signed for the britsh passports put us on a 1 way flight and said goodbye. Within 2weeks of being back in the uk the police came through my mothers front door and was going to arrested me for child abduction due to the claims my ex had made. I was then ordered to court and due to the hague convention laws, even though i had all the evidence of him paying for one way flight and passports they said there was nothing they could do and gave me 2 week to volunterily return.

Despite the children having british oassports and both parents having british passports they still had us returned to australia because there place of residence and birth was in australia, my children at the time were 1 and 5 months how can this happen??

the courts had ordered that my ex on arrival to australia had a rental ready for us with phone and internet connection and my car that i left him, on arrival the car had a dead battery he had cut the phone internet and had took all the childrens bedding and put dead rats and rat poison everywhere i was horrifide. I did not no any1 in australia only people through him which i could not contact because he had made me out to be the bad guy.

When i first got there i was granted legal aid and found a lawyer called yevette wickland from shane family lawyers she was representing me for a bit but then suddenly disappeared and said my grant was not being renewed as they thought i was not going to win. I was totally devistated. a month or so went by and i was representing myself i am only 21 and had little education but i tried my hardest but it got to much. I went to northern suburds legal centre and meet the nicest lady called gillian hodge she contcted legal aid direct for me and it turned out that my grant had not been cancelled and they they were still going to fund me i couldnt beleive it and did not understand why my last lawyer did that and lied.Gillian had started helping me with my paper work for free and exspained everything to me and said i had a strong case and that there should be no reason that im granted legal aid. Gillian put me through to stephannie welsh who was a lawyer for legal aid she helped me on one hearing and then went on holiday funny enough to england, she put me through to andrew also worked for legal aid he then sent me a letter saying they were not going to redo my grant and that he will no longer repusent me. he then never answer the phone or replied to my messages agin. i then repusented myself to the end up against a solicter richard klimak i wasnt givin a fair chance and do not beleive that what has happened should of happened.

during this time my ex did not pay the bills on the rental so i had no gas or electric with two small children he had also run up a phone and internet bill off over 700 dollars that he had done before i returned. the ballifs were not only the door and i had not a penny, i was not in titled to anything at centre link due to the visa i was on, and if it wasnt for the kind people at sent johns abulance and a lady called sally scott who worked at a womans refuge donating me food vouchers me and my children would have starved.

gillian hodge new the situation we were in and she kindly offered for us to go stay with her so that we had a warm house to stay in. an that my ex couldnt get to me.

I only meet the people of st johns abulance after having a massive panic attack, they took me to hospital and i told them the story of what had happened to me and gave me money for food, on my return home my ex turned up ranting and raving and pushed me,I did call the police and they took 7hours to turn up and they went to his house told him not to do it again put a put a 72hour restraining order on him and that was it.

all the outcomes that i heard of in australia had not been good for the non australain. its not that the law should be change its that it should be veiwed properly like in england its what the child wants the minute they can talk there voice is the main disider, the hague confention isnt black and white and even if it was i should have one still. I have should my case to a number of solicter at home and my case should have won and would have won in any hague convention countrys yet it didnt in australia and there are many people that agree that something is not right within the australian courts and the british papers are starting to talk about it and i will be telling my story of my exsprience in australia so that no woman go through what i have.

and as for possibly not knowing how many people were up before me, when you repusent yourself u get a lisying of people up before you, and when trying to get a final date set its a 5minute thing were they just give u another date, so yes i could no that and i do no that and so will the britsh papers.
Katy said
Despite the children having british oassports and both parents having british passports they still had us returned to australia because there place of residence and birth was in australia, my children at the time were 1 and 5 months how can this happen??

The HAUGE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION protects children against child abduction which can be classed into 3 broad categories, Abduction - where a child is taken overseas without the other parent's consent, Wrongful retention - where a child has been retained in a foreign country following an overseas trip and Threat of abduction - where there is a risk that a child will be taken overseas.

Hague is an international agreement (between countries that have ratified the agreement). This is an agreement between certain countries which aims to ensure the return of an abducted child to the country where he or she normally lives, so that issues of residence (custody) and contact (access) can be decided by the courts of that country.

Basically compliance with International law has been correctly adhered to. Likely because of you or an agent for yourself provided the evidence that you were either retaining the child or were threatening abduction of the child. Considering that a country has to apply to the other country and that this normally takes quite some time and that it took just a couple of weeks in your case. There must have been a pretty strong case for the wheels to move as fast as you have said they moved.

I would suggest that you may be risking a breach of section 121 of the Family Law Act or section 243 of the Family Court Act(WA) if you publish details. You need to ensure that you abide by these sections. Sometimes, like in the case of the abduction of Ken Thompson's child, the court gave permission for publication as the child was being hidden. Of course the courts we be less likely to entertain one who says they are corrupt. I'd suggest that you'd fare better if you headed the saying "Look before you Leap".

I would suggest that you consider joining the SRL-Resource, who may help you to help yourself self-represent.
@MikeT - kinda disappointed you checked FindLaw rather than The Family Law Directory for lawyers in Perth.

We've got a few listed - although not all.

There are a couple of good Family Law Specialists in Perth. One ones that I recommended have a heart shaped badge attached to their listings.

Example:
ERROR: A link was posted here (url) but it appears to be a broken link.
Marks & Sands

These 'Site Editor Favourite' badges have been 'awarded' following research into the firm and solicitors.

Re: Section 121

MikeT said
I would suggest that you may be risking a breach of section 121 of the Family Law Act

I agree. Wrote a post for this tread expressing the same concern last week. Ended up deleting it. In my opinion, lawyers for the parties in the proceedings could be regarded as 'associated persons'.




4MYDAUGHTER
Sorry 4, I'll try to remember in future.  :$ In defence I was thinking along the lines of how easy it would be, without knowing about this site, for a lay person to find lawyers in Perth. It took all of 15 minutes, if that.
No worries. I spoken to a few law firms in WA - in fact - probably most of them.

It's a bit of a mixed bag over there in WA. A few solicitors practising Family Law but not accredited family law specialists.

If you're on my site - and a listing has a 'favourite badge' - it's there for a reason. Feel free to ask me what that reason is.

Note that there are subcategories in 'solicitors'. If I can't verify a family law firm/solicitor has experience in Magellan matters - they aren't allowed to list in the 'Magellan' category.

Lots of work still to do on the directory…

Any feedback would be welcome!

4MYDAUGHTER
1 guest and 0 members have just viewed this.

Recent Tweets