QLD Legislation & Procedure - Application In A Case & Contravention

[Migz]

Can anyone point me in the right direction of Legislation or Acts ....Just had a federal court judge ride rough shot over me once more...I filed an "Application In A Case" to get a substantial increase in time with my 2 year old. (Still on 8 hrs a week, disgusted)

So the judge said "I cannot hear your "Application in a case", as there is a contravention hearing also filed by you, to be heard on the 27th of this month. If you withdraw the Contravention today I can hear the Application in a case today".

Question:
(Is this true and where can I find out more?)

Suffice to say, I said to her honour, "will you be granting my stepping stone hours as outlined in the Application in a case?" To which she replied, does the other party agree with it? They said NO (as usual) The judge said "no their won't be agreement to the stepping stone hours"...I said "so you would of been happy for me to remove my contravention and yet the Mother is not abliged to increase the hours"...
OVER THIS BULLSH*T SYSTEM.

Judge is now getting a 2nd family report done and my 2.5yo daughter is now getting an ICL... seriously Ive been in this for 2 years now when does this BULLSH*T END

 

[Rod]

This is likely true. I'm no expert in these procedural matters (as yet) and my reading of the Family Law Regulations Reg 4 indicates a judge has wide latitude in how they manage a case. So unless there is something that explicitly bans or regulates their discretion, the judge can do what they like.

I don't know if the orders you are seeking in the application are different to the orders in the contravention. If not I can't see an issue, however if the proposed orders in the two matters are different, then maybe you need to modify your proposed contravention orders.

I accept it can be hard for SRLs in court. If you want more a detailed answer, see my email address on www.vichelp.com.au

I am getting more up to speed on these issues but still not yet allowed to give legal advice so it has to come from my supervisor.

 

[Migz]

Thanks Rod for your length reply, I had a look into the Text you quoted and Yes, this Judge is hell bent on using "Judges Discretion" pity about the Childs rights and all of section 60-69 of the Family law act.

And to answer your question the "application in a case" was seeking a significant increase in time via a well laid out "stepping stones" program, and the "contraventions" are numerous, 32 missed video calls (1/2hr each), failure to carry out CDT Alcohol testing within the 48 hour window, Failure to supply Hair Follicle Test results in a timely manner, (they arrived the day after she was served the contravention, nil result), lastly, Failure to supply Doctors whom the child had seen over the past 12 months (as written on the court orders) once again provided day after contravention was served. But still fails to carry out video calls at all.

Appreciate your time, back in court on the 27th...it's never ending.

Cheers
Migz

 

[Bigler129]

Can anyone point me in the right direction of Legislation or Acts ....Just had a federal court judge ride rough shot over me once more...I filed an "Application In A Case" to get a substantial increase in time with my 2 year old. (Still on 8 hrs a week, disgusted)

So the judge said "I cannot hear your "Application in a case", as there is a contravention hearing also filed by you, to be heard on the 27th of this month. If you withdraw the Contravention today I can hear the Application in a case today".

Question:
(Is this true and where can I find out more?)

Suffice to say, I said to her honour, "will you be granting my stepping stone hours as outlined in the Application in a case?" To which she replied, does the other party agree with it? They said NO (as usual) The judge said "no their won't be agreement to the stepping stone hours"...I said "so you would of been happy for me to remove my contravention and yet the Mother is not abliged to increase the hours"...
OVER THIS BULLSH*T SYSTEM.

Judge is now getting a 2nd family report done and my 2.5yo daughter is now getting an ICL... seriously Ive been in this for 2 years now when does this BULLSH*T END

Hi,

I don’t have an answer for you but just hang in there it’s taken me over 4 years and 2 court reports. Mine and my wife’s lives and other children’s lives were subpoenaed and the trial went for 5 days nothing was revealed as negative just proved she was lying but At the end I now have to travel 1000km one way to see my boys in a contact centre for 2 hours ! Then drive home. But once I’ve been reintroduced to my boys in 10 visits I get them for 3 days every school holidays. Not ideal nor anywhere near what I requested but she wanted nill contact so I’m getting there just jumping through the hoops so to speak.