QLD Family Law - Ex Refusing Access to Daughter - What To Do?

[EmmaN]

My partner's ex has done nothing but fight, argue, accuse, threaten and verbally bash everyone in his life. She uses her daughter against him and doesn't allow him any time to see his child. She has applied for sole parental custody of children and he can't afford to fight it through the family court.

What should he do about letting her get her way and when his daughter is old enough, show her how hard he fought to the point of breaking financially and emotionally?

He has another daughter he has to support and can't afford to fight her anymore. She still stalks his everyday life to use against him but has told family court a bunch of lies including physical/sexual abuse.

Will the family court automatically rule in her favour and give everything she has asked for under family law? He has applied for legal aid and lawyers but hasn't been approved in time and hasn't got the money to get a lawyer.

 

[AllForHer]

The court is unpredictable, but it certainly lowers his chances of spending time with his daughter if he refuses to participate in the proceedings because the proceedings will go ahead undefended. Even if he self-represents poorly, the chances of getting time with his daughter will be significantly higher than if he doesn't participate at all.

The law is on his side for the child spending time with him on a regular basis. It ordinarily holds that it's in a child's best interests to have a relationship with both parents, and it doesn't like parents who refuse to facilitate that relationship between the child and the other parent. It also doesn't like children being included in allegations of sexual abuse if those allegations are unfounded.

If I may, is she represented by a solicitor, or is she self-represented?

 

[EmmaN]

The court is unpredictable, but it certainly lowers his chances of spending time with his daughter if he refuses to participate in the proceedings because the proceedings will go ahead undefended. Even if he self-represents poorly, the chances of getting time with his daughter will be significantly higher than if he doesn't participate at all.

The law is on his side for the child spending time with him on a regular basis. It ordinarily holds that it's in a child's best interests to have a relationship with both parents, and it doesn't like parents who refuse to facilitate that relationship between the child and the other parent. It also doesn't like children being included in allegations of sexual abuse if those allegations are unfounded.

If I may, is she represented by a solicitor, or is she self-represented?

The judge told him that he has a high chance of losing his case unless he has a lawyer and that his lawyer appear in Canberra even though we live in Central QLD which is why he has tried everything, but Legal Aid won't go to Canberra from QLD and he can't apply in ACT Legal Aid as he lives here.

He can't afford to even get there to represent himself on the date. She has a lawyer who is in NSW but she has just moved back to QLD so I'm unsure on if she is changing lawyers or continuing through the same one.

 

[AllForHer]

If both parties are in Queensland, he should request that proceedings be transferred to a Queensland registry. That will enable him to apply again to Legal Aid.

Parties shouldn't be disadvantaged by self representing, provided they learn the legislation and make sense of what they need to do. For example, a common mistake made is wasting a parenting case bitching out the other party, when what the court favours is a party who wants to work with the other. There are lots of resources to aid self represented litigants, too.

What kind of time is he seeking with the child?

 

[EmmaN]

If both parties are in Queensland, he should request that proceedings be transferred to a Queensland registry. That will enable him to apply again to Legal Aid.

Parties shouldn't be disadvantaged by self representing, provided they learn the legislation and make sense of what they need to do. For example, a common mistake made is wasting a parenting case bitching out the other party, when what the court favours is a party who wants to work with the other. There are lots of resources to aid self represented litigants, too.

What kind of time is he seeking with the child?

He is supposed to have his response and affidavit in by Monday but hasn't been able to get legal help to represent or help him write it out. He wants 50/50 because she's about to have her 3rd kid to 3 different people by 18 and their daughter already gets palmed off to her grandmother when she could be spending more time with her dad and our daughter, her sister.

The legal aid lawyer he did see told him that he can only expect half of every holidays or give her full custody so he hasn't had much help from anyone really. She has put all through her affidavit that she is scared of him but offered 45% custody if we moved to their town in NSW but moved back to QLD 2 weeks later so I feel that that was just a scam to get us to move there which is further away from where they moved to.

She was told to not have contact with us til the court date but has harrassed his whole family and found our numbers and continues to call and bring up stuff from their relationship that isn't relevant and to try and get him to retaliate.

 

[sammy01]

Ok, so make a response to the affidavit get it done and submit it. If in her application she has said she will agree to 45% then just agree and get to court.

Ignore all the other stuff and focus on the kid, don't bother with the abusive phone calls etc. Just ignore...