Hi Community,
First of all, I would like to thank the entire community for setting up such an informative and helpful forum.
Background
2011 - we eloped to get married
2017 - we have a boy child
October 2018 - Me and my brother in law got involved in a physical fight, my son being present, Later my Ex-wife called the police and blamed me. Police took a family safety notice against me.
Nov 2018 - we go to bali to celebrate our son Bday and try and reconcile.
Dec - March 2019 - I progress from supersived arrangements to unsupervised night stays for three nights a week.
Last week of March - Mother got upset with me and charged me for a breach (later she withdrew and police withdew all charges), she also withheld my 1.5yrs year old son. I then initiated a family court application for parenting orders.
June/July 2019 - We finalised parenting orders with three nights a week and detailed breakdown of special days and holiday time.
I also consented to her IVO application without admissions for a limited order with following conditions
1. No Family violence
2. No going to her house.
3. Complying with family court or written agreement.
July - September 2019 - I spent regular time with my son, 3 nights a week, regularly spoke with my ex via text messages and she later started coming to my house and later we shared some intimate moments.
Current Issue
September 2019 - she asked me if i wanted to return back with her for our son. I said NO, and that really upset her. Further, I started conversations regarding property settlement. She got offended further and reported me to the police for a breach of IVO, blaming that i harassed her by sending her text msgs in ratio of 5:1 (incorrect it was 1:1.2). My bad (during our conversation in text i did threatened her that if she does not settle soon i will report her fraudulent activites) - i really screwed up here. She downplayed and only reported me for harassment and not threat.
I pleaded guilty to sending her text msgs and the magistrate only gave me an undertaking for 1 year with $500 fine with no criminal convictions.
Since then, My ex has been withloding our son against the family court orders and not letting me see him, she has also removed him from the childcare on the days I can pick him.
Further, she has initiated an application at family court to vary family court orders for me having no contact with the child and no parently responsibility.
She alledges
1. Old Family violence
2. I am verbally abusive
3. I am forcing her to have intimate relationships
4. i am tracking her
5. I am harassing her via text messages
6. I am depressed and split personality disorder,
7. i dont give her emotional and physical support.
8. I am not paying child support (currently only owing $200).
My Questions
1. Does she have a reasonable excuse to hold our son? As breach matters have been finalized and family court orders have not been changed yet. 18th November is our first hearing at the court. Would she be able to justify the courts that she has a reasonable excuse?
3. What can i expect at my interim hearing? Would the judge resume my time with my son?
3. In her affidavit, she claims that prior parenting orders by consent were made, i blackmailed her with an intimate video of her, that is why she agreed to it. I never did. She had a lawyer back then and now aswell. Can this be a reason to vary the existing order?
3. My breach of IVO - is that a material change for Rice and Asplund's argument?
4. My lawyer is holding me on to not file recovery orders or application of contravention against her? She suggest that its best that we do not touch her contravention for now as then the courts will only have to rely on Rice and Asplund argument to vary these orders. Which as per my lawyer is in my favour.
Regards
S
First of all, I would like to thank the entire community for setting up such an informative and helpful forum.
Background
2011 - we eloped to get married
2017 - we have a boy child
October 2018 - Me and my brother in law got involved in a physical fight, my son being present, Later my Ex-wife called the police and blamed me. Police took a family safety notice against me.
Nov 2018 - we go to bali to celebrate our son Bday and try and reconcile.
Dec - March 2019 - I progress from supersived arrangements to unsupervised night stays for three nights a week.
Last week of March - Mother got upset with me and charged me for a breach (later she withdrew and police withdew all charges), she also withheld my 1.5yrs year old son. I then initiated a family court application for parenting orders.
June/July 2019 - We finalised parenting orders with three nights a week and detailed breakdown of special days and holiday time.
I also consented to her IVO application without admissions for a limited order with following conditions
1. No Family violence
2. No going to her house.
3. Complying with family court or written agreement.
July - September 2019 - I spent regular time with my son, 3 nights a week, regularly spoke with my ex via text messages and she later started coming to my house and later we shared some intimate moments.
Current Issue
September 2019 - she asked me if i wanted to return back with her for our son. I said NO, and that really upset her. Further, I started conversations regarding property settlement. She got offended further and reported me to the police for a breach of IVO, blaming that i harassed her by sending her text msgs in ratio of 5:1 (incorrect it was 1:1.2). My bad (during our conversation in text i did threatened her that if she does not settle soon i will report her fraudulent activites) - i really screwed up here. She downplayed and only reported me for harassment and not threat.
I pleaded guilty to sending her text msgs and the magistrate only gave me an undertaking for 1 year with $500 fine with no criminal convictions.
Since then, My ex has been withloding our son against the family court orders and not letting me see him, she has also removed him from the childcare on the days I can pick him.
Further, she has initiated an application at family court to vary family court orders for me having no contact with the child and no parently responsibility.
She alledges
1. Old Family violence
2. I am verbally abusive
3. I am forcing her to have intimate relationships
4. i am tracking her
5. I am harassing her via text messages
6. I am depressed and split personality disorder,
7. i dont give her emotional and physical support.
8. I am not paying child support (currently only owing $200).
My Questions
1. Does she have a reasonable excuse to hold our son? As breach matters have been finalized and family court orders have not been changed yet. 18th November is our first hearing at the court. Would she be able to justify the courts that she has a reasonable excuse?
3. What can i expect at my interim hearing? Would the judge resume my time with my son?
3. In her affidavit, she claims that prior parenting orders by consent were made, i blackmailed her with an intimate video of her, that is why she agreed to it. I never did. She had a lawyer back then and now aswell. Can this be a reason to vary the existing order?
3. My breach of IVO - is that a material change for Rice and Asplund's argument?
4. My lawyer is holding me on to not file recovery orders or application of contravention against her? She suggest that its best that we do not touch her contravention for now as then the courts will only have to rely on Rice and Asplund argument to vary these orders. Which as per my lawyer is in my favour.
Regards
S
