The below is offered as proof of a solicitor attempting to use blackmail to further his client's financial benefit from a property settlement. The worst part, both the solicitor and the mother involved were prepared to have the children suffer (as they did) and risk the Father going to jail and his life being ruined in their efforts to maximise their own financial gain.
If you, or anyone you know, have been subjected to similiar I would love to hear from you, particularly if you live in regional southern Queensland.
This solicitor and others like him have to be taken to task.
Please pass this on to anyone and everyone, the more attention it gets the better the chances are of getting something done.
I had a solicitor XXXXXX Child rep from Melbourne who prevented the registrar from reading my Affidavit by telling him I had no new evidence. I'd just received the letter from the DHS (our DOCS) saying that they had found no evidence of the sexual sexual abuse my X accused me of. I'd previously received a letter from another "child protection organisation" - CASA also finding no sexual abuse. I'd applied to get my contact restored on this occasion too. The child rep told the court I was wasting their time.
The child rep had only sent me a copy of the letter after prolonged pressure from me to do so. So he knew full well what my evidence was.
The case was dismissed on his recommendation.
I later got the matter heard and it was decided contact should not be restored until the matter went to final hearing - some months away.
My complaints to the legal ombudsman. law Society and Professional Standards were all dismissed on the basis that my earlier complaints had been dismissed.
Does any body know if anything can be done if a solicitor lies to court and his misrepresentations are acted upon to your detriment?
I must say that I have read through the RCO topic at length and it is a credit to the original poster (regardless of what heading has been assigned) for at least coming up with a new idea, a different slant on things. He or she may be somewhat naive and that is forgivable but all credit due for thinking about a solution to the terrible situation where dads and mums withhold contact on separation.. The new Family Law Act is clear in that it is not appropriate to do some of the things that people do to each other and takes steps to control their behaviour, but only after orders are made.
Naive you say. Why so?
Because of the jurisdiction issue? Come on. All RCOs are about is maintaining shared parenting after separation and divorce, so it can't be severed unilaterally by one parnent with the only option being months if not years ofpsych reports (the alternative to shared parenting and resolution), AVO's andaccusations and hearings.
If women can be protected by AVOs why not children with RCOs. Otherwise children are harmed.
I'd be happy to see public discussion on whether RCO should be issued in the same way AVOs are (on a state basis) or federally.
We need to debate this issue - because children deserve to be protected from the divorce industry.
I was an assertive and opinionated SRL with not much evidence. I had nothing to prove (but heaps to disprove).
I was alone, had no wittnesses. X had a number (its amazing how they get the support for burning a kid's father - even the teachers!)The professor of psychiatry who in fact used to teach the psyc who burned me (he called him a "gun for hire") had been ordered not to go near the FC by his doctor. He'd had a major heart op and hated the FC.
It seems these the psychs sway the Judges more than anything in these FC cases. The shrinks weren't on my side, and especially didn't like me disagreeing with them or tyring to stop their systems abuse.
Having a barrister, even a solicior there would have made a differnce, if only becuase they ensure some measure of accountability.
That a good SRL with good advise and evidence would of done better there is no doubt.
Did you apply for 'spends time with' contact orders at the trial?
Of course I did - equal time.
Why do you not have contact with your child? What happened?
Because I didn't have a barrister, had a hostile CR with a sharp b*ch of a barrister playing tag with the X's barrister, all being looked down on by an irritated old woman judge. It was my resistance that seemed to irritate them the most.