VIC IVO help - Other party solicitor used evidence my ex knows is false.

[MJ Tilly]

Hi. So my wife and I seperated after 12 years.

She has a hoarding (level 3) problem and I was trying to get the house clean. She refused to help clean and would get agitated when we did clean. I have spent over $31,000 since May 2021 on decluttering & rubbish removal. I removed 6 cubic meters 595kg of rubbish in the weeks before the separation.

I told the wife that if things didn't improve I would leave and take the boys with me as it was not fair for them to live like this. I tried to get her to go to therapy but she stayes that "Counsellorshave a hidden agenda" and refuses to go. She went to the police who took a limited IVO out on me for gaslighting. I have witnesses and photos to the state of the house. She was saying that I said it was bad and she didn't think so.

I tried for 2 months to keep DFFH away and to clean the house.

She dug her heals in more and ending up assaulting me. I ended up in hospital and was told to go home and remove the kids which is what I did and took them to my father's house. I was their primary carer. I was laying on the bed and she stood over me and punched me in the ribs 3 months after heart surgery. Police put it as self defence.

Then the police have lodged an application to vary stating that removing the children was domestic violence because I "bribed" one of the children with going to get some lego while trying to get him to leave and VP added the children to the order.

We went for the mention and it was an absolute mess. Her solicitor stated that I had borderline personality disorder and was unmedicated. The BPD is a historical diagnosis that was incorrect and my wife knows this she knows the whole story. As for medication I have Diazepam for PTSD that is PRN. I have since had it corrected by the Psychiatrist who made the misdiagnosis in 2015.

The social worker at the hospital mandatory reported to DFFH, I rang DFFH and reported the case myself. My report was used against me by her solicitor saying I was using the system to abuse my wife.

That was enough for the children to be removed from my care and I have been alienated from my children as a result.

Her lawyer would have had to known it was a false statement and was quick to get the magistrate to make a decision. We didn't even get a rebuttal or to table our evidence. My ex lawyer screwed the pooch big time.

There was a final order made but we went back in and got it changed to an interim order and we are headed to a directions hearing.

Victoria Police sent the first final order out to Orange Door who were helping up until that point. Victoria Police also failed to adhere to the Code of Practice for Domestic violence where it comes to Disabilities. They turned the Magistrates Court into a pseudo family court to get the kids removed from my care.

I've never put the kids in harms way. Never been in trouble yet they painted me out to be a monster. Never assaulted my wife. I removed the children for their health, safety and well-being. Zero malice.

So now I'm waiting for the further and better particulars to come through which are due August 20. I have until September 3rd to respond with the directions hearing on September 11th.

I am unrepresented now and really don't know how this is going to play out.

I'm not sure what can be done about her solicitor using a historical misdiagnosis and making a false statement about medication. Also what steps to take with Victoria Police breaching their own Code of Practice. If I make a complaint now wouldn't that just make matters worse? Should I wait until after the directions hearing to make a complaint?

 

[lostinspace]

Many solicitors will do this even when they have a pretty good idea something is not true, they should not as first they have a responsibility to the court and the process, but many will side with the client otherwise the client will go elsewhere, it is even worse if your mrs gets a bitter divorcee or single person. Remember, if a couple spend 2 years sending letters etc, that is all gravy.

Police as you may have experienced do not often listen to men, nor do the courts, they feel men are the danger, from what I can tell this is due to the physical differences common between people, but it should not be like this, but my experience is that is what it is. The family court seems more rounded and less likely to take sides, i.e they will probably side with the party following the rules and trying to resolve things, not anyone just acting on emotion etc.

I self represented a lot, but on DV matters, I think you have to get help and you have to make sure anything that is important or false is shown, I would suggest finding someone to at least help. If you self represent, a local court is not going to be lenient if you do not follow the process and rules, and an opposing party will play dirty and use experience of the system to make you look bad. The family court is different, still have to follow rules, but just different.