QLD Legal Aid Representation for Uncooperative Mothers?

[AllForHer]

An application for a contravention order is a whole new set of proceedings. If mum wasn't complying with orders for the child to spend time with dad, I absolutely would recommend filing an application for contravention orders, but the issue at hand is minor, so you're better off just including it in your affidavit so the Court is aware that the mother is unwilling to thus far comply with orders. You know the drill:

On [date], I attended an appointment Dr X regarding ongoing treatment for Child's condition of X. During the appointment, Dr X advised that Mother had booked an appointment with a speech pathologist for sometime in May but was unable to provide any further information about that appointment. I contacted the mother via e-mail on three separate occasions between [date] and [date] to request information about Child's appointment with the speech pathologist in May. The mother responded to the e-mails, but did not provide any details about the speech pathologist or the upcoming appointment. Annexed hereto and marked Z are true and correct copies of the e-mail correspondence between Mother and I between [date] and [date].
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Or similar.

That's interesting that mum has a) requested agreement for undertakings and b) e-mailed the Judge's Associate about orders she didn't agree to. Has mum received any legal advice at all? Even some guidance? Maybe you should get her on this website.

 

[JadeGoldCoast]

Yes we will make sure to note in our affidavit. From what we can gather the mother has been refused legal aid yet is telling the courts she is still waiting for them to approve her. She speaks of her 'legal advice' in court, which we can only work out is her mother's advice.. who doesn't seem to be doing her any favours.

We recently contacted the mother about proposed school's for the child as he starts prep next year. She informed my partner she would not discuss the matter as she was going for sole custody of the child. At one of the doctor's appointments she mentioned she wanted the child to attend the same school as her younger siblings. My partner then emailed her saying he agreed that this would be nice for the child, but stated they should look at applying asap as the child doesn't live in the catchment area for the school. The mother again said she would not discuss the matter. Today we called the school to find out how to add the child to their waiting list to be informed that the mother recently has. We just don't understand why, even when my partner agrees with the mother, she still refuses to cooperate.

 

[JadeGoldCoast]

Hi all, I was wondering if anyone could explain if it is possible to upload a hair follicle test to the court portal? My partner finally got his results this week (hair takes longer to grow that we thought and the results also took longer than usual to be returned to us). We spoke with the courts who advised the only way was to submit the results in person, however, we live about an hour from our nearest court so was hoping we could utilise the portal.
Fingers crossed we have the child for his first overnight stay in 8 months this weekend, we're so excited!! Thanks in advance.

 

[AllForHer]

The test results should be uploaded as an annexure to a supplementary affidavit. It doesn’t have to be long - this affidavit is supplementary to my affidavits deposed dates X, Y and Z. On date, I submitted a hair sample to Service Provider for the purposes of drug and alcohol testing as required by orders sealed by the Federal Circuit Court on Date. On date, I received the results for the test by way of post. A true and correct copy of the test results is annexed hereto and marked XYZ.

I hope things go to plan for your partner this weekend. I’m sure the child will be thrilled about a sleepover at dads.

 

[Lennon]

Yep, I would do what AllForHer has suggested. Good luck!!

 

[JadeGoldCoast]

Ah perfect, thank you! We will be submitting a new affidavit in reply to the mother's affidavit filed the day before our last court date next week. We plan to address how the new orders have improved the co-parenting relationship (to a degree) and how the father and child relationship has improved since overnight time has commenced - we obviously cannot submit this affidavit until after overnight time has commenced. Will it be ok/normal to upload an affidavit this week for the drug test and then the other again next week? We are just worried the mother may not allow overnight contact until the drug test has been uploaded to the courts.

Thanks for the luck! The mother's only response so far to the news of the drug test was to request a full report. But there is no full report, it is just a piece of paper stating my partner's details and the fact that no traces of any drugs were present. The child will be so excited to stay over, he has begged to stay over at every visit and we have exhausted the 'daddy needs to work nights' excuse.

 

[AllForHer]

If it were me, I would only file one affidavit in this interim period, rather than two, but I do wonder if you really need to include in the affidavit your view of how the co-parenting relationship has improved - that's speculation, anyway, no?

What was in mum's last affidavit that really needs attention?

 

[JadeGoldCoast]

Sorry, to clarify, I meant we would address how the new orders have helped improve the relationship - from the mother not acknowledging any of the fathers emails about the child to responding to some. The mother refusing phone calls between the father and child to allowing the ordered weekly call. The mother refusing to inform the father of any medical issues and appointments to informing of some (the mother has actually contacted specialists and informed them not to add the father to the child's account and to not contact him - which has made it difficult for the father to keep updated on appointments unless the mother wants the father to attend). The mother had adhered to most of the orders so thought it would be good to note that?

I guess we are not really sure what is expected of the father in regards to filing affidavits throughout the court process, any advice would be greatly appreciated.

The mother filed another affidavit basically repeating a lot of her original affidavit: father is abusive, maternal grandmother is abusive, father is a drug addict etc. We thought it was necessary to state that we disagree with these statements?

Thanks.

 

[sammy01]

Pick your battles.
Long term. Are you going to file contraventions everytime mum says something nasty, takes the kid to Dr's doesn't facilitate face time / phone calls? I hate my advice, I really really do...
But I think you're gonna have to accept that no court order will make an unreasonable person reasonable... So long as she complies with access requirements I reckon you need to learn to let the other stuff go

 

[AllForHer]

Eh. I don’t think you’re going to accomplish much by saying how things have improved when Mum is still on the other side saying Dad is abusive and Dad is a drug addict.

Remember that you don’t need to prove Dad should be allowed to parent. That’s not what this is about. This is about showing the Court it has no reason to doubt the child should be allowed to enjoy his right to a relationship with both parents, to the maximum extent consistent with his best interests.

You don’t need to file an affidavit praising Mum for not contravening the orders, or for doing what she should be doing anyway. By all means, speak well of Mum if asked, but there’s no need to file a special affidavit about it. The way you tell the Court that she hasn’t contravened the orders (ie by facilitating phone calls and telling you about appointments) is by not filing an application for contravention orders.

Does that make sense?