VIC Help with Family Law and Intervention Order?

[tomentosaplaga]

Hi,

There is no way to shape my situation attractively...so...What would you do, if you found yourself homeless, resourceless virtually; having reported frantically your belief that you and your children had been - and suspect they still are - subject to full gamut abuse - emotional, psychological, satanic ritual, sexual - and in response, have been set upon with threats of involuntary mental 'treatment', ridicule and re-traumatising, by the very authorities that encourage such reporting.

And ultimately now, we have been issued with a Victorian interim intervention order(I'm in NSW) for court attendance in a month's time; seeking your complete lock-down, and out from your children's lives...and no doubt worse plans are afoot?

I don't really have means for a lawyer, let alone trips back and forth to Melbourne; and yet haven't faith that legal aide can provide the caliber support I need to have any chance of good outcomes. I have little faith a good outcome is possible(much power and corruption at work). She has an evil family and network of 'apparently' successful and caring people working with her(for they have much to protect) - and I am a lifelong scapegoat, who has long been manipulated into this vulnerable position; with nothing to support me.

There was great sadness in realising my family's evil/illness, and now a relief; but the dread at thinking of my children, and my futile flailing is making it increasingly hard to rise again each day.

Throw a sick dog, messy tenancy tribunal, the need to buy a car, find accommodation (been running scared in a tent for 6months), find an honest Doctor, psych, lawyer for assessment/backup/advice; extract 'evidence' and run an 'office' dodging the elements etc, etc - all simultaneous...then you'd be getting close to my 'lot'.

I'm unsure of my question, but if anybody had a guiding light on family law to offer?

Thank you,

 

[MartyK]

With the greatest of respect @tomentosaplaga, while I gather you are having some difficulties at the moment, I am having some difficulties myself following your post. Perhaps if you can think about it a little more and work out a question?

 

[tomentosaplaga]

Hi MartyK,

Difficult and traumatic yes, apologies for the presentation.

The question is: what would you do in my shoes?

Sorry for not being more concise.

Cheers,

 

[MartyK]

Ok, so keeping in mind that I still don't really understand...

First things first. The AVO. You have several choices.

- Consent to the order being made
- Consent without admissions (usually what you would be advised to do, given it is a civil proceeding and has limited impact, generally, unless you breach it)
- Contest it
- File a cross-application (if you have grounds)
- An undertaking (a promise that you will discontinue doing what you are alleged to be doing). Will be subject to the other side agreeing.

I note that certain groups, heavily involved with family law, at this time, are encouraging parents/fathers not to consent to AVO's. Even without admissions. Personal opinion...while I understand the basis behind this, if your matter goes to the Family Courts there will be more than DV that is looked at. What does your Legal Aid lawyer say?

Next. If there are children involved, which you have mentioned that there are, you should make an application to one of the Federal Family Courts, The Federal Circuit Court is least expensive, and is meant to handle the less complex matters (although this is quite sketchy, as some of the cases they run are quite complex), while the Family Court, unlike FCC, is more expensive, but offers less adversarial trials.

As well as seeking legal guidance and or suggestions, you should, but up to you, get in touch with a support service that can assist you through this difficult time.

Feel free to ask further questions. Good luck.

 

[tomentosaplaga]

Thanks MartyK.

I don't have a legal-aide lawyer, as I can't apply 'til past the mentions stage/contesting; but have received all sorts of advice, which only has added to my angst and stress. Can I adjourn the mentions hearing, based on grounds that I am in crisis/chaos all 'round - which is the truth - am without resources/suffer disabling health issues/haven't organised my case or representation yet, etc?

Does consenting without admissions, mean that her wish to have me cleaved from my children's lives stands? ie I am just rolling over easily.

She is claiming I am dangerous and psychotic and delusional, have death threatened my mother, and the children are scared and traumatised by my 'worsening' behaviour. This is all based on truth(my emotions and having a go at my mother, are a reaction to realising their evil...

I am not dangerous nor psychotic - yet skillfully twisted by a consummate narcissistic satanist...and as such, I fear I am on shaky ground; esp. since it's me alone virtually, against a powerful 'them'.

I - like my children - am a victim of ritual/trauma based cult abuse, and yes have been desperately and frantically trying to expose and record their evil goings on for the last few months...foolishly didn't stop reporting and exposing; and so now, they are turning it back on me, and claiming my distress as evidence of mental illness.

Realising too late that the whole drama - which they are counting on - will play out in court in their favour, due to the gravity/'out thereness' of my accusations, combined with my 'history' on paper.
They are evil/criminal/psychopaths, who have me as a tortured marionette - supposedly the 'bad' person - and I can't help but feel my children and I are without hope.

Given the complexity, and my prone poise, legal support seems ludicrously out of proportion with what I need...hence my question about adjournment. I have been advised by someone I think I can trust, that I should avoid going to Vic as it is a trap; seek adjournment, regain composure and set about a counter claim. Knowing what is being done to my children, this - and anything else for that matter - is very hard to think about; but rings somewhat true.

A most despairing situation; as after pondering the subject matter, and considering all facets...I reliably end up with an overwhelming bleakness, and little positivity or direction. If it were not for the children, I could almost be happy in walking away and starting a new life...

I'll stop there, lest my ravings be construed as psychosis; rather than a worried sick/time poor father, trying to stop the abuse of himself and his two kids.

Thanks again,

PS. A lawyer did suggest I start proceedings with the family court - as I think you mentioned - separately, re access to my children...is that what you meant?

- And did you have any particularly in mind, when you suggested support services...as my pad is a scribble of one 'organisation' after another...most of which can't help my 'case', and many of whom actually fill me with fear/make things worse/more trouble than worth... ?

 

[MartyK]

Can I adjourn the mentions hearing, based on grounds that I am in crisis/chaos all 'round - which is the truth - am without resources/suffer disabling health issues/haven't organised my case or representation yet, etc?

You could try to seek an adjournment, but in my opinion, with the reasons given above, I would think it highly doubtful that it will be granted. Especially given you are the respondent.

Does consenting without admissions, mean that her wish to have me cleaved from my children's lives stands? ie I am just rolling over easily.

Are the children listed as protected persons? If they are, you could agree to consent to the order being made, without admissions, on the basis that the children are removed.

In terms of its impact on you seeing the children. Yes, it can have an impact on your ability to see the children on its own.

However, if you make an application to the Family Court for parenting orders, while the violence order will be taken into consideration, and the Court process can be very slow, more will be looked at by the Judge. The Judge will also look for ways for the children to continue to have a relationship with you, by putting appropriate safeguards in place if needed, so as to minimise any risks of exposure of future violence etc for the children.

I have been advised by someone I think I can trust, that I should avoid going to Vic as it is a trap; seek adjournment, regain composure and set about a counter claim. Knowing what is being done to my children, this - and anything else for that matter - is very hard to think about; but rings somewhat true.

If you have grounds for a cross-application, then this is certainly an option.

A lawyer did suggest I start proceedings with the family court - as I think you mentioned - separately, re access to my children...is that what you meant?

Yes

And did you have any particularly in mind, when you suggested support services...as my pad is a scribble of one 'organisation' after another...most of which can't help my 'case', and many of whom actually fill me with fear/make things worse/more trouble than worth... ?

There are several around, and I do agree with you that you need to be very careful who you link up with, especially when you are at your most vulnerable. I have always been a fan of Dad's in Distress (DID's). They have been around for a very long time, supporting separated fathers, and now even have a Mother's in Distress (MID's) section.