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Post #7608 by philby on March 25th 2008, 8:56 AM (in topic “Changing orders by breeching them”)

Changing orders by breeching them:

Bonnie my ex does not work either. And guess what, she has shown not to be a better parent by her actions.

I have a 20 year old daughter who I haven't seen for 15 years because the ex moved to the other side of Australia. I took the advice people gave me then to wait till she gets older. What a load of garbage. And not only that, I missed all the firsts that can never be replaced (birthdays, special events, life in general). Now the only time she calls is if she wants money!

About fighting the ex (she originally wanted me to have supervised care), I would rather walk in front of a train than stop trying to get back what the court granted me. I have to send my children back to the ex crying because they want to spend more time with me.

I take it you are a woman. I could be wrong, but you tell me why should my children and I suffer just because my ex got greedy and left when she received an $80,000 inheritance and then was awarded 72% of the property. Easy money for her!

So you say walk away and hope they understand later why their father didn't want to fight to see them (my ex has already used the fact I didn't fight to see my other daughter, hoping they would do what you suggest). If that is your advice then you are on another planet, or like I said a woman.

I have a great relationship with my children, as the family report states, and even in the last court hearing because she breeched the orders and wanted to get on the good side of the judge states what a great father I am. This is after 4 years of saying and stating I was the biggest arseh0le out, falsely claiming abuse, the works.

So according to you I should say "Oh this isn't fair. I will go hide in the corner till the children get older and say sorry 'I didn't try to see you because the system isn't fair'."

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Post #7402 by philby on March 20th 2008, 7:31 AM (in topic “Changing orders by breeching them”)

Changing orders by breeching them: Appeal to FM Court

Hi to everyone.

I have won the right to appeal the decision by Phipps in the Federal Magistrates Court.

Accordingly, if anybody can help me formulate tactics and reasons for the appeal hearing, it would be very much appreciated.  I am finding it hard after four years of constant fighting the ex and her allegations just to win the right to be a father to my two little girls.

As we all know every minute extra with your children reminds you of how it used to be - but every minute you loose reminds you of the reality of what you are now - a father without rights.  The constant heartache of knowing you will never be able to comfort your children when they are upset, confused, or share in their joy when they are happy, unless the mother gives you the right to be a father, or unless these things happen when they spend a couple of days with you.

Sorry for harping on but I still have not gotten over the fact that due to splitting up, I have become a bad parent and yet there was never a problem with me being a parent to the children for the seven years before she left.  Now I find the court nurtures and protects her desire to get at me by doing everything possible to stop me from seeing the children.

Once again if anybody can help with strategies for the appeal hearing it would be appreciated as I have also exhausted all funds.

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Post #6984 by philby on March 12th 2008, 10:24 PM (in topic “Changing orders by breeching them”)

Changing orders by breeching them: Adding punctuation

The first time (went to this school first six months) and the second time (the next six months till july of the next year were she left with the children).

We were married and living together. We moved the children from the first school due to the ex wife chastising 2 other girls in my daughters class.

She then took the children from S.A to Victoria without my knowledge or consent. By the time I found them and went to court, they said "the girls are settled, the mother has found residence, we are not going to make them return to S.A." So I also moved to Victoria.

I got good contact - Friday through to Tuesday and half of all school holidays. This puts me in substantial care with the child support agency. After I found them (by pure luck) I found a house at one corner of the street. My ex was down the other end, on a corner to, with the children's school in the middle. That was in <suburb A> we both had a two miniute walk to the children's school - perfect! So what does she do? She moves to <suburb M>!

I tried to stop it, but the court said I could not stop freedom of movement. She said she was going back to uni to better herself, as well, so they allowed it. In the meantime she claimed I fell asleep at the wheel of a car. She had no proof but the child rep put a driving ban on me until I had a sleep apnea test.

The court agreed; at the time I was living in <suburb A> the children were in <suburb M> 50klm away. She also tried for a contravention order but that got chucked out. I was lucky and got the test done within a month. Originally, they said there was a 1 year wait! I begged and got lucky - of course I passed the sleep apnea test.

In this period, they went to 3 schools while in the mothers care. Their mother never even enrolled to go to Uni. Now my parents have sold their house in S.A to come near the children. With the remaing money I had, paid for a one bedroom unit. The children have their own rooms in the main house.

All this was done due to there being final orders made that stated the children can not be moved from their present school in <suburb M> until the completion of there primary school education. My girls are 7 and 11. Now she's done it again, she's moved back to <suburb K> which is makes the distance 75klm away.

She breeched the orders to do it, they found her guilty and did absolutely nothing. Instead they've rewarded her by giving her extra time.

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Post #6947 by philby on March 12th 2008, 9:11 AM (in topic “Changing orders by breeching them”)

Changing orders by breeching them:

The girls started school the first week after school started, as at interim hearing the court made an interim order they start school. The judge citing because the mother was the main carer they stay with her and start school were she moved to.

At the final hearing my application was to have the children reside with me until the mother was in a position to take them to the school. The court said they couldn't be removed.  From when we went to the hearing the child rep and judge made it very clear the children would not be going back to the school they weren't supposed to be removed from.  This, they said, was due to the fact they could not stop the mother from relocating (even though the judge said the mother should have made a application to the court to relocate and not breeched the orders like she did) and that it was impracticable for her to take the children to the old school due to the distance.

They also specified that Flinders Street Railway Stationhad to be the change over for the return journey, due to it being a closed station and the children would not be subject to weather and possible violence from hooligans, even though the change over times are 5pm.

The judge used the excuse, on both my application and the contravention hearing, that even though she was found guilty of contravening the orders, that changed the court's final orders, that any penalty imposed on the mother would impact on the children, so basically she was given a pat on the back for breaking the court orders.

I would love to have the children on a permanent basis and stop all this.

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Post #6893 by philby on March 11th 2008, 7:39 AM (in topic “Changing orders by breeching them”)

Changing orders by breeching them

I had final orders in place.  They stated that the mother could not remove the children from their current primary school till the completion of their primary school education, due to the mother continually moving the children in order to hinder contact with the father. Our children have been to 5 primary schools. My eldest started Grade 6 this year.

I have my children from Friday till Tuesday morning, pick up and drop off at school. I got a text message from my ex 3 days before school started saying "I moved girls now going to another school". I live in Carrum Downs and the children were going to school in Moorabbin. She has now moved the other side of town to Kings Park, near St Albans.

I filed an application to have the orders enforced. What I walked out of court with is the court convicted her of the breach (no penalty, this was her third time she had been found guilty of breeching orders). The judge said this was because it would impact on the children. And also said it was now impractible for the father to keep the same contact times as per final orders, as it was 75km from the father's house. It takes two hours to get there in peak hour traffic. And it was too far for the mother to take them to the court appointed school as she lives 50 km away.

So the judge said he fully understands the father's frustration and anger, due to once again loosing contact because of the mother moving. And even though it's a clear breech of orders the children can go to Kings Park primary school. We will safeguard them once again by putting in the same order that the mother cannot remove them (funny that order was already in place).

We will now give you Friday to Sunday and you can pick the children up from school and drop them of at the City on Sunday. So not only have I lost all my meaningful time I had with the children but I have lost the interaction I had with their school and school work.

My parents moved from S.A to be close to the children. They have the shits with me because I said yes there are final orders in place, she cannot move them again.

I have to all the travelling, yet she was found guilty of breeching the orders. I dont understand.

I have no money left but I have to appeal this. Any advice or help on this procedure would be appreciated.

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