Has your ex WIFE or children ever been the subject of any kind of a protection order from you?..... If not, then whether you contest it or accept without admission, any allegations made about your behavior in a FVO application towards this ex girl friend has no bearing at all on the case between yourself & ex wife in the family court, & most certainly not related to your child's right to a meaningful relationship with you.. In fact, if your ex wife introduced any information in relation to it in an affidavit I think you would have reasonable grounds to have it stuck out as irrelevant.....
I will give some more background as it might help someone in the future in a similar predicament:
My ex-wife never requested an FVRO or reported me to the police for domestic violence (or anything else). Because during our 17+ year relationship I NEVER assaulted her. I grew up in a very matriarchal family where the mums ruled the roost and it would be unthinkable to even consider hitting a woman. I also have a completely clean police record - no convictions for anything.
My ex-girlfriend threatened all sorts when I finished things with her, including that she would report me to the police (done) and have my children removed from me by getting in touch with my ex-wife (also done).
I literally had to take my ex-wife to the front door of the courtroom for full trial at Family Court in November 2018. It was only at that point that she agreed to Final Orders around care arrangements for our children and trial was canceled. Therefore my ex-wife jumped at the chance provided my ex-girlfriend alleging assault.
My ex-wife stopped me seeing my children in late May 2019. Her Family Court affidavit was 80% about what my ex-girlfriend alleged, 15% about historical crap that had been sorted in Nov 2018 and 5% my ex-wife suddenly realizing that I had been violent during our marriage
. Even though she had never mentioned this in our previous 3 years of litigation in the Family Court and there was no evidence of such a marriage e.g. the police never being called etc
When I went back to Family Court in June 2019 there was a witness, I assume some sort of Court appointed social worker who gave his opinion that allegations by third parties (especially former partners who may have their own agenda) are intrinsically weak and not much weight should be given to them.
I had a letter from my psychiatrist which was completely positive including that I do not present "a danger to myself or anyone else". Because it was the initial Family Court hearing I wasn't allowed to add exhibits to my responding affidavit. However, I prepared a file of exhibits as if it was a full trial and wrote what I consider a damn good affidavit. Anyways, the magistrate asked for my psych report which I had mentioned heavily in my affidavit and I was able to hand to him at court. He read it and asked my ex-wife's lawyer was this not sufficient, to which she replied no. WTF it could not have been clearer about my mental health etc.
Anyways the care arrangements agreed in November 2018 were reinstated by the magistrate. However, we still have to go to mediation and potentially a further hearing in September 2019. I am a bit unsure what mediation will achieve. My ex-wife has requested I do things like attend a "24 week domestic violence perpetrators course". But that seems beyond stupid as I haven't perpetuated domestic violence. Anyways I will attend and be receptive to whatever is suggested so long as it secures my care arrangements with my daughters.
One thing: before making his judgment the Magistrate asked me whether I was objecting to the FVRO, to which I replied yes. This made me think that there may have been some weight given to the FVRO, which my ex-girlfriend had only requested 5 months after the alleged assault and after my ex-wife removed the children from my care.
Oh another point I thought interesting. My ex-wife's lawyer got my date of birth wrong in her Family Court documents. And would you believe it my ex-girlfriend put down the exact same incorrect date of birth for me on her FVRO. Therefore I believe that my ex-wife's lawyer completed the court documents for both my ex-wife and ex-girlfriend. Collusion much
I finished both relationships - my marriage because my ex-wife had an affair and my ex-girlfriend because of her level of crazy got too much for me. Hell hath no fury like a woman scorned eh
