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Post #31420 by starlight on August 24th 2010, 10:18 PM (in topic “Family violence”)

Family violence:

srldad101 said
What a load of codswallop. "I forgot to mention the daily crystal meth addiction" after the Guest bragging self-confession. Unfortunately such troll fantasy damages the creditability and makes it more difficult for those genuinely abused mothers it purports to support.

I apologise if I am wrong but it seems the only benefit of this "How to remove the Father" post might be to point out the flaws lest one is confronted with such contrived nonsense in affidavit.

The first and most important defence against this hearsay case is the family report to evaluate the mental health of the accuser. Paranoid, histrionic, malicious personalities thrive in the vindication of an overprotective family court. Supervised contact after 10 years of marriage is a good indicator.

Olivia_Banberry said
Since separation he has spent time with the children supervised with myself present as the eldest child is petrified of his father. [i.e. The Mother did a DV runner, imposes the control and humiliation of supervised contact, the Father now has to prove himself a parent after 10 years]  He took the children for two overnights at the reccommendation of a marriage councellor. [Clearly the professional does not consider the Father a risk] The children came home from the visits un-bathed, dirty in the same clothes they left in.  And told me their father got himself takeaway for dinner whilst he left the children at home by themselves (ages 3,7,10).  He then has his own dinner and went to bed without feeding the children.  The eldest made 2 minute noodles for them all. Hearsay.


 
 

Children's words are the exception to the hearsay rule.

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Post #31419 by starlight on August 24th 2010, 10:15 PM (in topic “Please help us - some guidance is needed”)

Please help us - some guidance is needed:

IsntLifeGrand said
4mydaughter said
If you are negotiating or proposing settlements in writing, you should always put "Without Prejudice" in the heading title of the letter. That way, your letters can't be used against you as evidence in legal proceedings. Very important!
Not always true, see my previous post on this particular subject,

http://flwg.com.au/forum/pg/topicview/misc/3411

Documents with "Without Predudice" notated on them CAN in some instances be used as evidence, be carefull.

Kermie62 said
So the lesson is, "Do unto others as you would have them do unto you but do it first"

  No, If a reasonable offer is on the table, do not dismiss it out of hand, it my come back to bite you in the hip pocket.
 
Similarly, a prejudicial letter that is not marked "without prejudice" cannot (generally) be used against a party, except in relation to costs.

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Post #31398 by starlight on August 23rd 2010, 11:51 PM (in topic “Ex is having another child what happens to my C$A payments”)

Ex is having another child what happens to my C$A payments:

She has 8 children, about to have her 9th?!

I don't think you could argue much in terms of capacity to work…

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Post #31397 by starlight on August 23rd 2010, 11:46 PM (in topic “No court orders but other parent not in contact for years - where do I stand?”)

No court orders but other parent not in contact for years - where do I stand?:

BusyBee said
3. You can file an application with the court to change the child's surname. Easy peasy.
 
The problems with this are…

  • You file an application;
  • You serve the application;
  • The other party files responding documents, most likely resisting the name change and seeking time with the child;
  • You wait 12 or 18 or 24 months for a trial and have the associated expenses…

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Post #31396 by starlight on August 23rd 2010, 11:39 PM (in topic “Clarification of terms used with respect to an Appeal”)

Clarification of terms used with respect to an Appeal:

1. His Honour erred in placing insufficient weight on the evidence of the Single Expert Witness;

or

2. His Honour erred in providing insufficient reasons in relation to his consideration of the Single Expert Witness' evidence.

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Post #31222 by starlight on August 12th 2010, 10:28 PM (in topic “Is divorce considered adequate for property settlement +5yrs.”)

Is divorce considered adequate for property settlement +5yrs.:

Stuck4Answers said
After agreeing to and being granted a divorce . Private arrangements for Property Settlement were agreed to during the separation, maintained to the original agreement and paid out as per the original agreement. Child Support was also paid as per this agreement and not disputed. Although was never registered with through the courts, it had been accepted by CSA.

Would it reasonable, allowable  or practical for the other person to try and make a further claim on Property, in-light of the recent property values increasing?
 
This would depend entirely on the parties' circumstances. The applicant would require leave due to being out-of-time, but leave is not particularly hard to come by…

Filing an application for consent orders might be the best idea to safeguard yourself… if your former partner would agree to it..

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Post #25577 by starlight on October 11th 2009, 10:43 PM (in topic “Father Needing Ideas as Mother wants to relocate”)

Father Needing Ideas as Mother wants to relocate:

In my second post I said "Agreed, but a precedent matter in the FMC will usually only hold weight on appeal". The decisions you referred to were not in the FMC, they were in the FCA… there is a big difference there.

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Post #25560 by starlight on October 11th 2009, 2:03 AM (in topic “Father Needing Ideas as Mother wants to relocate”)

Father Needing Ideas as Mother wants to relocate:

Moderator Note said
Precedents will always trump case law. Full Court decisions do not always become precedents as they may contain technical reasons why the case was sent back. Case Law is used where there is no adequate precedent and do carry weight.
(see Precedents in the site glossary)
Agreed, but a precedent matter in the FMC will usually only hold weight on appeal, rather than at first instance. It's unfortunate and causes a time delay, but unfortunately a court would most likely consider that the particular matter was either depending on the unusual circumstances or was incorrect until it was approved by the Full Court.

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Post #25549 by starlight on October 10th 2009, 11:13 AM (in topic “Father Needing Ideas as Mother wants to relocate”)

Father Needing Ideas as Mother wants to relocate:

When looking at the judgements it's important to be aware that FMC and even FCA judgements do not hold much weight - look at Full Court decisions.

A & A and AMS v AIF and Goode & Goode are all important. To find more up to date decisions, look for cases in the Full Court that have referred to these.

Moderator Note
Precedents will always trump case law. Full Court decisions do not always become precedents as they may contain technical reasons why the case was sent back. Case Law is used where there is no adequate precedent and do carry weight.
(see Precedents in the site glossary)

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Post #25548 by starlight on October 10th 2009, 10:18 AM (in topic “Mother's "right" to give child a mobile...?”)

Mother's "right" to give child a mobile...?:

Secretary SPCA said
What sort of parent wants to hand over kids at Police stations. Surely that went out with the old Family Law Act. It has been a constant source of frustration in seeing a parent want to hand over at Police stations. We don't like it, the Police hate it, the courts are starting to make many alternative arrangements and kids loath it. For goodness sake surely hand over (If not at the parents home) can be a pick up from school, pre school, grandparents, after school care etc during the terms or a playground or park or even a friend or third party.. While you are at the Police station handing over the child or waiting for the other parent where do you sit? In the watch room foyer? In the car up the road?
 
I completely agree. It's not so much of an issue when the child is a baby, but as they become a little older they would no doubt find it really uncomfortable to wait at the police station for handover each week.

I'm more of a fan of the handover at the commencement / conclusion of a school day, as only one parent needs to be there - no conflict.

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