VIC False Sexual Assault Allegations on a Father - What to Do?

[NEEMA]

Thanks Sammy. I am fearful that new IVOs and false Sexual Abuse allegations will keep on coming in the future. I’ll have to keep defending just like OP does. It’s a dreadful experience.

I think applying a psychiatry test to one or both party will be the ultimate solution to end it all. But how, where and when to do it? Is it a good idea to get test done on myself before requesting family court to order ex to do the test? Until then, how can people like us stop new false allegations coming in?

I agree with Sammy. At some stage court will see the truth. If you apply for cross application it will look quite obvious. I personally dont recommend if your not fearful.

Regarding family proceeding:

1) Ask courts to appoint Independent Children Lawyer - How old are your kids.
2) Once the ICL is appointed you can request for Psychiatrist test for both of you in the court
3) Court will order the test - ICL and your lawyer will negotiate which Psychiatrist you need to visit, usually they need to be booked at least 4-5 months in advance.

Regards,

Neem

 

[Muxaul]

I agree with Sammy. At some stage court will see the truth. If you apply for cross application it will look quite obvious. I personally dont recommend if your not fearful.

Regarding family proceeding:

1) Ask courts to appoint Independent Children Lawyer - How old are your kids.
2) Once the ICL is appointed you can request for Psychiatrist test for both of you in the court
3) Court will order the test - ICL and your lawyer will negotiate which Psychiatrist you need to visit, usually they need to be booked at least 4-5 months in advance.

Regards,

Neem

My child is 2.5 yrs old. He’s living with maternal grandmother in Overseas at the moment. Ex is living in Australia so am I. The child is suppose to return Australia in 5 months time but they are trying to delay the return.

 

[NEEMA]

My child is 2.5 yrs old. He’s living with maternal grandmother in Overseas at the moment. Ex is living in Australia so am I. The child is suppose to return Australia in 5 months time but they are trying to delay the return.

Did you file the case for having access to your children. Where is your case, is it in Federal circuit court or family court?

 

[Muxaul]

Did you file the case for having access to your children. Where is your case, is it in Federal circuit court or family court?

Not yet to the court yet. I’m pushing to get mediation done but ex is trying to delay that too. Once I get the certification from mediation centre then I’ll fire the case.

 

[AllForHer]

There was a case posted recently of similar vein - Marlow & Birkin [2017] FCCA 2781 (17 November 2017)

It is still ongoing, but perhaps worth a read for your matter, Muxaul.

 

[Muxaul]

There was a case posted recently of similar vein - Marlow & Birkin [2017] FCCA 2781 (17 November 2017)

It is still ongoing, but perhaps worth a read for your matter, Muxaul.

Thank you very much AllForHer. I see that you’ve posted a lot of the cases and I have bookmarked all of them. Again I greatly appreciate your contribution to everyone here. Respect.

 

[Hoang Trang]

best of luck mate! keep strong and be patient. Especially during xmas head up buddy

 

[Stillgoing]

Did you file the case for having access to your children. Where is your case, is it in Federal circuit court or family court?

Hi there, How are you going with this? any updates?

 

[NEEMA]

Hi,

there is a development in my case. All my criminal cases have been cleared total of 13 Charges across 3 criminal cases. Found not guilty. I was cleared of all the charges. IVO matter was heard in the court. Judge basically questioned the credibility of my ex wife. She basically told my ex that based on her performance that she is not impressed and if she were to proceed to contest she will not win the case. She recommended her lawyers to speak to my ex and withdraw the IVO extension application. I was on Interim order around 1 year.

NEW DISTRESSING DEVELOPMENT, PLEASE HELP.

Received call from Child Protection services. My Ex tried to commit suicide after loosing her case. Child protection services involved, new case is opened. Children are taken in to foster care. She is admitted in the hospital.

I was called on to DHS office, I went and I was served with Protection Application. There was a Interim orders made for the weekends for Kids to be taken in to Foster-care. My world is turned upside down.

I requested for Children to stay with me. They said as per there first investigation again the false acquisitions such as child sexual abuse and Child complained that father hit him. During this stage Police was involved, I was never been called to police station to Interview or any of the stuff.

During my visits with my child at that time he always use to ask be, that If I would leave him and walkaway. Given I have not seen my child he thinks that I left him. My IVO was full therefore I could not even see my child. During this period my child is very badly couched, so much of hatred has been directed towards the father. Its been more than a 1 year I saw our children. Its unbelievable what is happening with my children. My ex wife is so blinded with hatred towards me that she is letting the kids go in foster care than stay with his father. For her she knows once children again spend time with father she will loose control over, given my eldest who is 5 years old used to love me more than her mother. She never accepts children loving more than her. She used to be upset so many times because our eldest son preferred me more than her. She is blinded by her hate. Its unbelievable.

Monday, I will be in Children's court. Child protection is seeking orders to put our children permanently in the Foster care. At every stage I'm being thrown off the rails, at least I was content that our children are with one of the parent. that kept me going. Now her hate is so bad, so doesn't seems to care, what she is putting the children though just to harass me. Please help. I'm a decent father like most fathers in this world.

I need help. I want to save my children from this foster care business. I don't drink, I don't smoke, I don' do drugs etc. I'm a very decent father, who is trying to live my life for my children, Im helpless in this system of Web, from jumping from one court to another just to prove myself that I'm a decent human being who is just trying to be a father.. Appreciate if you can provide any links any past cases on Austill. I tried looking for it, may be I'm so distressed I could not find it properly

Also what will happen on in my first hearing with the Judge. How many hearing it takes before we go for contest. In previously also we asked DHS to get involved in the family court, rather sitting on the fence and providing letters to family court with false allegations which are unsubstantiated. I really appreciate your help.

Regards,

Neem

 

[AllForHer]

Okay, first, this is absolute nonsense:

For her she knows once children again spend time with father she will loose control over, given my eldest who is 5 years old used to love me more than her mother. She never accepts children loving more than her. She used to be upset so many times because our eldest son preferred me more than her. She is blinded by her hate. Its unbelievable.

What's unbelievable is a parent thinking a five-year-old is capable of deciding that they love one parent more than the other. What's unbelievable is treating parenting like a competition for your child's love.

Mate, kids suffer badly when they are asked by their parents to choose their loyalties. Your kids love both of you. Period.

Now, is there an application for parenting orders still on foot? What had the Court said about CPS' intervention?