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Post #50602 by Desperatefather on February 9th 2014, 4:04 PM (in topic “Case law relevant to current circumstance”)

Case law relevant to current circumstance

Hi,

I have been carrying out a substantial amount of research and am finding it quite difficult to find case law similar to my current circumstance. Although I don't expect an exact match, I am struggling with finding past similar cases.

I would sincerely appreciate any advice from anyone on similar cases as per below points.

1. Ex mother in law and ex partner contact police and claim verbal assault/threat
2. Police attend and Interim ADVO put in place by NSW police
3. Returned following evening from work and mother in law and ex departed interstate with 2 week old child without my knowledge or       consent
4. Urgent recovery order applied for and currently still awaiting hearing (approx 9months ago)
5. Family assesment undertaken by independent and findings are positive, recommendations to see child 4 days a week up to 6 months and days thereafter
6. Attended family court for initial hearing (sorry, not sure of true terminology) and registrar orders ex email weekly updates and visitation interstate every Sunday for 2 hrs
7. Attend criminal court and ADVO dropped by magistrate due to evidence (ironically, police evidence was a major factor I'm told)
8. Psych test advised by assessor of ex. Due to ex being assessed for varying reasons it would be also be of use to assess dad. (To be performed this week)
9. Return to court for final hearing in approx 3 months, so I'm told.


If anyone has any knowledge of urgent recovery orders which include ADVO (although now dropped) please advise as it would be very helpful to my case.

Thank you sincerely for those who take the time out to respond.

Desperate.

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Post #50600 by Desperatefather on February 8th 2014, 12:02 PM (in topic “Not allowing for a Meaninigful Relationship?”)

Not allowing for a Meaninigful Relationship?:

Hi Agog,

I have completed a 4 hr course - caring for infants but will be looking at attending an additional more in depth course to assist me.

I sincerely appreciate your advice.

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Post #50598 by Desperatefather on February 7th 2014, 8:34 PM (in topic “Not allowing for a Meaninigful Relationship?”)

Not allowing for a Meaninigful Relationship?:

The recovery order is urgent but I agree that it's not being dealt with as urgent.

I am stating that I was requesting video call between my ex and I so I can see our child. Expecting a video call from 4 month old is unrealistic. Please refer to original post.

Point of Video calling is to see my child due to the distance between us and limited contact which is of a lot of use to child and I.

I will look at other topics, thank you.

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Post #50595 by Desperatefather on February 7th 2014, 7:03 PM (in topic “Not allowing for a Meaninigful Relationship?”)

Not allowing for a Meaninigful Relationship?:

Urgent recovery order was initiated 9 months ago and I have been advised that it's anticipated we will return to court in 2-3 months, therefore; totalling approximately 12 months since application.

Child is now 9 months and 1 week.

Thank you for the tip re forum posts. I am new to this and was of the understanding that specific posts were to be added to specific sub headings, I.e. Child support assesment in Australia, family Law etc, but thank you.

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Post #50591 by Desperatefather on February 7th 2014, 5:52 PM (in topic “Not allowing for a Meaninigful Relationship?”)

Not allowing for a Meaninigful Relationship?

My ex has taken my son intestate without consent, utilising family violence which has been overturned by criminal court. Urgent retrieval order in place and we will attend court in a couple of months hopefully.

I have been requesting video call for 5 months amongst other things, however; there is always a reason for not doing so, he's sleeping, your phone doesn't work, I didn't get your email etc etc.

Is this likely to be useful to me in the family Law Court to show that she is not assisting or allowing my son to have a meaningful relationship with me?

Any help or advice will be greatl appreciated.

Desperate.

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Post #50582 by Desperatefather on February 6th 2014, 8:50 PM (in topic “Ex refuses to accept child support”)

Ex refuses to accept child support

I have been advised by CSA that I'm a small minority who wishes to pay support, therefore; why won't my ex accept payments?

A brief history, ex's mother in law made false statement to police and ADVO was placed. Returned home and ex and son were taken interstate without my knowledge. Appeared in court and ADVO dropped by magistrate due to evidence. Urgent retrieval order in place and final hearing in a couple of months.

Commenced paying support into ex's account for 1 month, she then engaged CSA to receive on her behalf and commenced paying for another month until she applied for exemption which was granted. Continued paying support into her account regardless until she closed her bank account. Both myself and my Lawyer have been requesting new bank account details for 2 months and no reply received until a request for me to pay various bills including our child's private health. I declined this offer and again offered to pay child support for her to use as she sees fit rather than paying one off payments when requested.

Why the hesitation in receiving assistance from me via "child support payments"?

Any insight into this matter would help.

Thank you in advance.

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Post #50571 by Desperatefather on February 4th 2014, 5:42 PM (in topic “Urgent retrieval order”)

Urgent retrieval order


I previously resided with my fianc for the last 4 years in a property that I own in Sydney and we currently had a 13 day baby boy who is now 9 months.

My fianc has a history of physically and mentally abusing me and being very abusive to the point were she threw a rock at my head which landed me in hospital and attempted to take her own life with pills among other things which is to long to list. 1 week prior to our son being born her mother flew over from melbourne being were they originate from. I thought and hoped This would be a new begining, however I noticed her being very nasty prior to the birth to the point were I had to leave the house several times, this was nothing new but now she had her mum by her side and they both were being nasty. One evening, my fianc was unhappy because I arrived home late from work and we got into an argument and her mother got involved and threatened to take her back to Melbourne with my unborn son at the time. These threats were repeated by her mum 2 additionals time after this and after our sons birth.

On the 14th may 2013 i arrived home from work at 6pm and sat down to eat dinner, my son had what appeared to have vomit on his chin so I picked him up to check if he was ok, I was literally verbally attacked by my fianc and advised I shouldn't pick him up, I replied with frustration saying that I was checking if he was ok, she then told me that if I keep acting like that she was intact going to take my son away, at which point I replied with frustration that I was tired of the threats of taking my son away and left the house. Upon my return I was attacked verbally again primarily by her mum. I then asked her mum to leave or I would contact police to have her taken out, she replied by calling her daughter insterstae who is a lawyer and commented to me "I'll call the police, I"ll do it legally" and before I knew it police were at the door and took me away as they claimed I had threatened their life and served an ex parte AVO in which I couldnt threaten my fianc,The allegations were completely false but I was taken away regardless. ( I must point out that the mother in law claimed that I threatened to cut my Exs throat and my ex denied her Mums comment and claimed I was talking over the top of her which she found intimidating, both of which were false and proven in criminal court).

Upon my return to my house with the officer that night I grabbed some clothes and slept in my garage as to avoid any confrontation. I woke up and went to work and upon my return home found that my fianc and her mother had carried out their threats and taken my son to Melbourne. Police were called and I was advised there was nothing they or even I could do apart from seek legal advice.

Since this incident on the 14th May 13, the following has occurred:

1.  I have attended In The family court to apply for an urgent retrieval order and due to the accusations of family violence and the change in the family law act the outcome was that the judge could not make a conclusion based on the info provided, therefore a family assessment is to be undertaken.

2. Family assesment was carried out and conclusion was favourable pointing out that I should have 4 days of visit to create a bonding process, however; no comment could be made re family violence and a psych recommended.

3. Returned to family court, Registrar ordered that my ex email me weekly with updates and images which was declined by her in the past request by me and psych report be obtained.

4. ADVO contested and overturned by the magistrate concluding that the evidence did not resemble the affidavits and statements by my ex and her mother.

5. My ex and I will be attending psychiatrist for assesment in coming weeks to assist magistrate in final hearing in a couple of months

I have visited my son approx 9 times in 8.5 months, ex has provided minimal information and images re my son and has made it very difficult to co-parent. I was paying CS direct to her account, she claimed she wasn't receiving, she then commenced receiving funds through agency, approx 3 weeks later she received an exemption, I continued to pay direct to her account regardless until she closed her account. I have been requesting video call for 4 months which she has continually makes excuses to resist contact between my son and I.

In conclusion, son taken with the use of false allegation of domestic violence by ex and her mother, ADVO overturned in criminal court and final hearing to take place in 2-3 months hopefully. Can anyone provide any insights, tips, similar cases and reference or just anything that can help me get justice and allow my Son to have a Dad and for me to have my Son.

PS. I must strongly point out that believe it or not I treat my ex even until today with utmost respect and my main concern is my son.

Thank you on advance for anyone who has tips whether big or small.

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Post #50560 by Desperatefather on February 3rd 2014, 7:52 PM (in topic “Urgent retrieval order”)

Urgent retrieval order

I previously resided with my fianc for the last 4 years in a property that I own in Sydney and we currently had a 13 day baby boy who is now 9 months.

My fianc has a history of physically and mentally abusing me and being very abusive to the point were she threw a rock at my head which landed me in hospital and attempted to take her own life with pills among other things which is to long to list. 1 week prior to our son being born her mother flew over from melbourne being were they originate from. I thought and hoped This would be a new begining, however I noticed her being very nasty prior to the birth to the point were I had to leave the house several times, this was nothing new but now she had her mum by her side and they both were being nasty. One evening, my fianc was unhappy because I arrived home late from work and we got into an argument and her mother got involved and threatened to take her back to Melbourne with my unborn son at the time. These threats were repeated by her mum 2 additionals time after this and after our sons birth.

On the 14th may 2013 i arrived home from work at 6pm and sat down to eat dinner, my son had what appeared to have vomit on his chin so I picked him up to check if he was ok, I was literally verbally attacked by my fianc and advised I shouldn't pick him up, I replied with frustration saying that I was checking if he was ok, she then told me that if I keep acting like that she was intact going to take my son away, at which point I replied with frustration that I was tired of the threats of taking my son away and left the house. Upon my return I was attacked verbally again primarily by her mum. I then asked her mum to leave or I would contact police to have her taken out, she replied by calling her daughter insterstae who is a lawyer and commented to me "I'll call the police, I"ll do it legally" and before I knew it police were at the door and took me away as they claimed I had threatened their life and served an ex parte AVO in which I couldnt threaten my fianc,The allegations were completely false but I was taken away regardless. ( I must point out that the mother in law claimed that I threatened to cut my Exs throat and my ex denied her Mums comment and claimed I was talking over the top of her which she found intimidating, both of which were false and proven in criminal court).

Upon my return to my house with the officer that night I grabbed some clothes and slept in my garage as to avoid any confrontation. I woke up and went to work and upon my return home found that my fianc and her mother had carried out their threats and taken my son to Melbourne. Police were called and I was advised there was nothing they or even I could do apart from seek legal advice.

Since this incident on the 14th May 13, the following has occurred:

1.  I have attended In The family court to apply for an urgent retrieval order and due to the accusations of family violence and the change in the family law act the outcome was that the judge could not make a conclusion based on the info provided, therefore a family assessment is to be undertaken.

2. Family assesment was carried out and conclusion was favourable pointing out that I should have 4 days of visit to create a bonding process, however; no comment could be made re family violence and a psych recommended.

3. Returned to family court, Registrar ordered that my ex email me weekly with updates and images which was declined by her in the past request by me and psych report be obtained.

4. ADVO contested and overturned by the magistrate concluding that the evidence did not resemble the affidavits and statements by my ex and her mother.

5. My ex and I will be attending psychiatrist for assesment in coming weeks to assist magistrate in final hearing in a couple of months

I have visited my son approx 9 times in 8.5 months, ex has provided minimal information and images re my son and has made it very difficult to co-parent. I was paying CS direct to her account, she claimed she wasn't receiving, she then commenced receiving funds through agency, approx 3 weeks later she received an exemption, I continued to pay direct to her account regardless until she closed her account. I have been requesting video call for 4 months which she has continually makes excuses to resist contact between my son and I.

In conclusion, son taken with the use of false allegation of domestic violence by ex and her mother, ADVO overturned in criminal court and final hearing to take place in 2-3 months hopefully. Can anyone provide any insights, tips, similar cases and reference or just anything that can help me get justice and allow my Son to have a Dad and for me to have my Son.

PS. I must strongly point out that believe it or not I treat my ex even until today with utmost respect and my main concern is my son.

Thank you on advance for anyone who has tips whether big or small.

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