QLD Family Court - What to Expect in Ex Parte Hearing?
- Thread starter Jake Matherson
- Start date
Found it, Oh dear.. this guy is in big trouble. WIthholding for valid reasons is one thing and something you might, just might, get away with without being bollocked by the Judge (although you probably will) But actually removing a child from a daycare/friends/ routine to another to hide them is a massive error of judgement.
So what to expect.
Registrar lady was only concerned about procedural fairness and the fact that the other party had not been served.
She had at least skimmed over my lengthy affidavit as she was knowledgeable on information 40 pages into it.
Whilst saying things like "I understand your concerns" with regards to the mother running away or hurting the child if the mother was served papers she was reluctant to grant me Ex-parte interim hearing before a judge.
She understood that there was serious drug allegations as the mother is depressed, suicidal and an ice user which was detailed in my affidavit and notice of child abuse.
The fact that the mother withheld the child for +5 weeks, Is a drug addict has just lost her job and is behind on rent did not even raise the registrars eyebrow with regards to the
child being safe or the child having the right to a meaningful relationship with both parents.
She was just concerned about procedural fairness and briefly gave me instructions as to how I could object to her decision if i thought she made the wrong call.
The mother is likely to self destruct when she is served as she is already in a terrible emotional place with no support hence trying to get some interim orders Ex-parte however i was unsuccessful.
I just hope the mother does the right thing by the child when that time comes. Child is under 2 years old and cant exactly take care of them self.
Orders:
Serve the mother.
Urgent Family report.
Appointment of ICL.
Hearing Registrar Duty List: 13 September.
Final Orders: Direction's Hearing: 20 December.
Registrar lady was only concerned about procedural fairness and the fact that the other party had not been served.
She had at least skimmed over my lengthy affidavit as she was knowledgeable on information 40 pages into it.
Whilst saying things like "I understand your concerns" with regards to the mother running away or hurting the child if the mother was served papers she was reluctant to grant me Ex-parte interim hearing before a judge.
She understood that there was serious drug allegations as the mother is depressed, suicidal and an ice user which was detailed in my affidavit and notice of child abuse.
The fact that the mother withheld the child for +5 weeks, Is a drug addict has just lost her job and is behind on rent did not even raise the registrars eyebrow with regards to the
child being safe or the child having the right to a meaningful relationship with both parents.
She was just concerned about procedural fairness and briefly gave me instructions as to how I could object to her decision if i thought she made the wrong call.
The mother is likely to self destruct when she is served as she is already in a terrible emotional place with no support hence trying to get some interim orders Ex-parte however i was unsuccessful.
I just hope the mother does the right thing by the child when that time comes. Child is under 2 years old and cant exactly take care of them self.
Orders:
Serve the mother.
Urgent Family report.
Appointment of ICL.
Hearing Registrar Duty List: 13 September.
Final Orders: Direction's Hearing: 20 December.
Hey Sammy,
Appreciate the input.
Unaware to the mother I have known her location for some time now. Hence her great surprise when she was served papers recently. I stressed to the registrar that it is very likely the mother will run away again (would be the third time) when served however this and the safety concerns was not enough for Ex-parte.
In the past I have had the police do a welfare check citing recent suicide attempts, drug use and stealing the child. It was reported back to me that the police viewed the child through the closed front screen door "He was fine" and they left. Useless.
I have contacted Child protective services in the past also. Both them and the police won't do anything unless I have court orders. Which i have been trying to get URGENTLY however no luck.
So I just have to sit and wait as there is nothing I can do. Wait for an urgent family report to be done, wait for the ICL to be appointed, Wait for her response to my application and wait for my next court date before I might get some time with the child.
Approaching 8 weeks since last overnight stay with the child. I did get a few hours of visit recently however that will be cut off now that she has been served. 8 weeks until next court date.
Child is under 2 years old so I feel I am missing some important times In the child life because of the mother and the slow court process.
Just keep trucking. It will work out in the end.
mate in some respects the slow motion of the process with help you.... WHY?
1. The older the child the better, courts don't like giving 50/50 or anything like it with young kids.
2. The longer you go without seeing the child the more obvious it is that mum is a twit.
3. Kids that young have short memories. I understand that you're missing your child, but the child will be ok with it.
I do have concerns that you're over reaching. Mate if mum convinces the ICL and family report writer that she is sane and her mental health problems are being treated, then I think getting the parenting reversed so mum only has supervised visits could be hard to achieve. You said you guys had 50/50 informally... I'd go for a return of that and drug testing of both parties.
1. The older the child the better, courts don't like giving 50/50 or anything like it with young kids.
2. The longer you go without seeing the child the more obvious it is that mum is a twit.
3. Kids that young have short memories. I understand that you're missing your child, but the child will be ok with it.
I do have concerns that you're over reaching. Mate if mum convinces the ICL and family report writer that she is sane and her mental health problems are being treated, then I think getting the parenting reversed so mum only has supervised visits could be hard to achieve. You said you guys had 50/50 informally... I'd go for a return of that and drug testing of both parties.
So Child protective services won't take action..The police welfare checks are fine amd now you have an ICL and family report whilst tryimg to get full tome a 2 year old you absconded with I'm the past
Be very careful how you throw mud because there is a big danger it will stick..on you
Be very careful how you throw mud because there is a big danger it will stick..on you
1. I understand they don't like giving 50/50 to young children. That is what I'm hoping for in a sense that I can prove the child is far better off with me and the child should in fact be turned over as it is in the child's best interests.
Mother is not promoting the child's right to a meaningful relationship with both parents, child is a risk of violence, neglect etc. The list goes on. All of which Is documented and backed up by evidence of one form or another not just my words. And highlighted in the notice of risk submitted to the court.
2. I agree. This is what is helping me through the time without the child. I just hope the people with the power to make a change see this as you have.
3. Again we share the same view. But when everybody involved including the mother In-Law and her new boyfriend tell you that she is unfit and that you should do everything you can. It's difficult to be patient.
I wish her mental health problems were being treated. Up until now they are not.
It might be a different story now that the pressure is on for her to respond and plead her side of the case. I really do want her to get ongoing help.
She has a habit of doing one session of counselling etc... and then not returning and self medicating instead.
50/50 informally was whilst I had no idea of the safety concerns going on behind closed doors.
During the informal period she was offered no less than 3 agreements of 50/50 putting what we had going on into a routine but she wouldn't agree to any of them and continued 50/50 on ad-hoc basis. 2 days here, 3 days there etc.
Now that I have been made aware of safety concerns it would be silly for me to argue 50/50 as the child would only be safe half the time.
It might be hard and a bit of a reach but if the ICL or the Family Report writer read what I have submitted to the courts and still think it's in the best interests for the child to remain with the mother there is a very serious problem.
Father does not do drugs and would agree to ongoing drug testing of both parties for the purposes of requiring the mother to be tested as she is the one with the drug problem and he just wants his child home.
Thanks Sammy.
Mother is not promoting the child's right to a meaningful relationship with both parents, child is a risk of violence, neglect etc. The list goes on. All of which Is documented and backed up by evidence of one form or another not just my words. And highlighted in the notice of risk submitted to the court.
2. I agree. This is what is helping me through the time without the child. I just hope the people with the power to make a change see this as you have.
3. Again we share the same view. But when everybody involved including the mother In-Law and her new boyfriend tell you that she is unfit and that you should do everything you can. It's difficult to be patient.
I wish her mental health problems were being treated. Up until now they are not.
It might be a different story now that the pressure is on for her to respond and plead her side of the case. I really do want her to get ongoing help.
She has a habit of doing one session of counselling etc... and then not returning and self medicating instead.
50/50 informally was whilst I had no idea of the safety concerns going on behind closed doors.
During the informal period she was offered no less than 3 agreements of 50/50 putting what we had going on into a routine but she wouldn't agree to any of them and continued 50/50 on ad-hoc basis. 2 days here, 3 days there etc.
Now that I have been made aware of safety concerns it would be silly for me to argue 50/50 as the child would only be safe half the time.
It might be hard and a bit of a reach but if the ICL or the Family Report writer read what I have submitted to the courts and still think it's in the best interests for the child to remain with the mother there is a very serious problem.
Father does not do drugs and would agree to ongoing drug testing of both parties for the purposes of requiring the mother to be tested as she is the one with the drug problem and he just wants his child home.
Thanks Sammy.
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