WA Insane case in Family Court
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I would self represent in court until final hearing. At final hearing, get a barrister who is experienced in this stuff. Interview the barrister. Don't spend any more money on interim hearings as they just kick the can down the road. Has a family report writer made recommendations? What do the cops say? Has a psychiatrist been appointed by the court? Have you supoened her medical records? Surely you can request an interim hearing, using letters from the cops, the Dr, etc (your 5 attachments to the interim affidavid) to seek more time. Judges don't like changing custody orders in the interim but it's worth a shot if you have all the evidence. Even if the time is supervised. There are plenty of cases where a judge orders custody against the accuser - I know a guy that had full custody coz of this same s**t.
If your ex or her mum are committing DV against you then you can take out, or get cops to take out, and Intervention Order. But this could not go in your favour as it may portray you as playing the same games as them. It really sounds like there should be enough evidence for you to get full, or majority, custody. You need a court appointed psych on your side, a family report writer, Dr reports on the mums stability (and the grandma). Australia is a f****d up country for you to be experiencing this stuff as it should be looking at the evidence in interim hearings and changing custody.
If your ex or her mum are committing DV against you then you can take out, or get cops to take out, and Intervention Order. But this could not go in your favour as it may portray you as playing the same games as them. It really sounds like there should be enough evidence for you to get full, or majority, custody. You need a court appointed psych on your side, a family report writer, Dr reports on the mums stability (and the grandma). Australia is a f****d up country for you to be experiencing this stuff as it should be looking at the evidence in interim hearings and changing custody.
Hello appreciate the response,
Judge wasn’t prepared to find matter of fact on the interim and it would have only delayed final hearing.
Forensic psychologist recommends change of residence, highlights the dangers of his mum and grandmother.
Police, after myself being attacked in my own home I had 2 restraining orders placed on me.
I witnessed one of them inflict injury on themselves.
Mothers medical records involuntary admitted to mental hospital approx 10 times, 3 times in last year, one just prior to attack on myself.
Mother has multiple assault convictions, myself nothing.
Child services has substantiated abuse by mother and grandmother...
And I have to peacefully and calmly wait on the sidelines.
Judge wasn’t prepared to find matter of fact on the interim and it would have only delayed final hearing.
Forensic psychologist recommends change of residence, highlights the dangers of his mum and grandmother.
Police, after myself being attacked in my own home I had 2 restraining orders placed on me.
I witnessed one of them inflict injury on themselves.
Mothers medical records involuntary admitted to mental hospital approx 10 times, 3 times in last year, one just prior to attack on myself.
Mother has multiple assault convictions, myself nothing.
Child services has substantiated abuse by mother and grandmother...
And I have to peacefully and calmly wait on the sidelines.
Why would interim hearings postpone final date? Its already booked in and in the event the others booked on the same day aren't settled before final hearing its highly likely yours would take precedent and be heard.i reckon the judge just didn't want to hear it. But thats BS. Your kid is at risk. This shot riles me up.
I had 6 interim hearings in 12 months with multiple having custody change requests. And there was zero reason for those requests. You have loads of reasons. Imo the judge is being lazy. Was the forensic psychologist ordered by the court? Do not spend a other dollar on lawyers until final hearing. I represented my self in half of the interim hearings and regret not representing my self the whole time in the interim.
Mate, I'd write to the registra and ask for a hearing. Say you have serious concerns about the safety of your child and have supporting documents saying the status quo could cause irreparable damage to the child. Get really good attachments (letters to your affidavit). I'm not expert but went through a bit (like 14 court hearing for family and ivo in 18 months). I learnt a lot. The attachments I'd get would be:
1) psych report saying kid in danger and change of custody recommended. Hopefully the psychologist mentioned the urgency.
2) Dr report of the mum's instability
3) police report suggesting accusations are false and there are no charges pending.
4) may be a letter/evidence from police discussing past history.
5) if the psych didn't put urgency to the change of custody. I would ask that psych, in an email, "I am greatly concerned for the emotional well-being of my child and the negative developmental consequences of the child continuing in the mother's custody. Could the child be at long term behavioural, emotional and developmental risk remaining in the full custody of the mother and maternal grandmother for another 6 months". You want to convince the judge that he is risking the future of the child as the age of the child developme tally is so important.
You really have nothing to lose. Represent yourself and it'll cost you nothing.
I am not a lawyer, and this would probably be a very bad move, but I reckon you should be able to take the child and not return it on the justification there is a risk to the child. When the contravention of orders is lodged by the mum, you then bring up all the evidence. If judge gets oissed off you took it into your hands to determine the risk, say, well, it would have been great for the law to have protected my child but that wasn't happening and I took the recommendation of the forensic psychologist to protect the behavioural development of my child at this highly important age.
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I don’t understand the system,
I had asked For a interim hearing, change of residence
Judge gave me two options
Interim hearing where she was not prepared to “find matter of fact” - meaning allegations however false would not be dispelled (my understanding)
Or
Final hearing which would take place around the same time the interim hearing would have been heard.
I need the final hearing to clean this dirt (false allegations) off me, no matter how bad the other side is it would not aid me during a interim hearing.
And having my child put into foster care is less than ideal.
In my situation I required lawyers, I have feared being incarcerated with absolute lies which blindsided myself. I’m hoping once everything is exposed that they will receive a cost order.
Also there is the matter of some awful things occurring to my child and with lawyers I can better demonstrate this and get him the justice he deserves.
I appreciate the advice and I will attempt to contact registrar and will contact the court ordered clinical psychologist to aid in demonstrating the urgency.
We have been assigned to the Chief Justice starting in a few months which I am grateful for but assume it’s the cause of the delay.
I had asked For a interim hearing, change of residence
Judge gave me two options
Interim hearing where she was not prepared to “find matter of fact” - meaning allegations however false would not be dispelled (my understanding)
Or
Final hearing which would take place around the same time the interim hearing would have been heard.
I need the final hearing to clean this dirt (false allegations) off me, no matter how bad the other side is it would not aid me during a interim hearing.
And having my child put into foster care is less than ideal.
In my situation I required lawyers, I have feared being incarcerated with absolute lies which blindsided myself. I’m hoping once everything is exposed that they will receive a cost order.
Also there is the matter of some awful things occurring to my child and with lawyers I can better demonstrate this and get him the justice he deserves.
I appreciate the advice and I will attempt to contact registrar and will contact the court ordered clinical psychologist to aid in demonstrating the urgency.
We have been assigned to the Chief Justice starting in a few months which I am grateful for but assume it’s the cause of the delay.
Im not a lawyer, and am only speaking ftom my experience. 100% agree with lawyers and barristers for final hearing. And the criminal stuff is different from the family law stuff. I suppose I'll ask you what have your laywers achieved for you so far in the family court? Just ensure you do your homework. Look at case law, read as much as you can. I had a partner of a top rated family law firm and they still made plenty of mistake born by the fact they just following normal process. You need to find cases where judges have awarded full custody to the accused and question your lawyers. My lawyers made some really bad mistake due to complacency.
I just can't believe you have to wait 4 months (or whatever). What a joke. Each judge is different but our judge heard interim hearings within weeks of being requested (there is an avenue for urgent hearing). Your case seems bloody urgent to me for the sake of your child. Anyway, all the best mate. I'm so sorry you are going through this. Hopefully you get full custody and your ex's time doesn't influence him in the future.
Just remember. No one cares about your case as much as you. No one cares about the outcome as much as you. Your lawyers (99%) are just going through the motions. There is too much at stake for you to just let your lawyers run with it unchallenged. Once your lawyers have a plan, get a second option on that plan. Research barristers that have successfully heard similar cases. I doubt all barristers have.
Truly I feel my lawyer has made many blunders.
One instance was the judge not willing to hear the interim due to not having the completed family report from DCP. ( despite it being handed out to everyone in the court that very day)
It’s a messy situation where the false allegations keep changing keep being alleged and it’s been a bit of work defending different versions of the same lie.
My affidavit for the final was almost 150 pages + 10 annexes.
If not for the severity of my situation going at it on your own isn’t a bad idea and your last paragraph is the most correct bit of advice for anyone in similar situations.
Thank you for your words, it has given myself a bit more perspective about my and my child’s situation.
So when is the final? If your affidavit is complete I'm guessing soon. Please research case law, find a case where mother accused father of sex crimes against toddler (young kids). These cases exist. Then find out (very easy) who the barrister was when father got awarded full (or close to) custody. Contact that barrister.
It's so stupid you had to defend accusations in the family court. Rather the judge should have just delayed until police had determined outcome (charges laid, charges dropped, they believe allegations false, etc). Anyway, it's in the past. Seems to me your lawyers plodded.
Please just research cases in WA. Search terms can be used to find similar cases. Good barristers book out fast.
3 months from final and I will definitely follow what you say.
This case is a bit different in that it is his grandmother who is also seeking custody of my child (his mum is sadly not capable) and she the grandmother is the entire source of the allegations.
This case is a bit different in that it is his grandmother who is also seeking custody of my child (his mum is sadly not capable) and she the grandmother is the entire source of the allegations.
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