I applied for Final Custody for my son in December 2020 after Mother surrendered him to me Feb 2020.
What I didn't know was that she had filed a Recovery Order in late February 2020 that the Magistrate threw out because she surrendered him.
Initial hearing was March 2021 and I was granted Interim live with and spend time with myself for my son (3.5yrs) in March 2021. Magistrate granted Mother an extension of 21 days to respond to Application. At the hearing in March 2021, the Mother appeared and told the Magistrate she lived with her sister (Mother is homeless and addict). Established at that hearing she did not reside with her sister, and she ran away from the Court.
Next appearance April 9th. ICL was appointed to be present at this hearing. Magistrate did not refer for Case Conference stating he would "deal with the matter" himself. Interim custody again granted to me. Mother appeared this time with legal aid lawyer while I had no legal representation at all. I couldn't get Duty Lawyer because I'd been conflicted out. Legal aid to me was refused on the grounds that ICL was appointed, and no danger to child whilst with me. However, legal aid was granted to her. As both Mother and myself were present, the ICL pressed for agreement with Consent Orders. Minute was presented to the court and Consent Orders agreed upon and signed by all. ICL encouraged both of us to attend mediation paid for by legal aid. The 21 days extension she was given to Respond (which expired on the 24 March 2021) was extended another 21 days. Consent Orders agreed upon. Interim Consent Orders became final shortly after April 9th. Consent orders provided Mother with additional time with our son, but under supervision. The one requirement was that the mother and her mother (appointed by the ICL as supervisor because she didn't believe the "Grandma" would use drugs...) had to pass ONE urinalysis to commence the visits which were 2 x 3 hours weekly. Up till this point, neither have passed a urinalysis nor had a visit. Eight visits, or 24 hours of contact time have not been attended. Next hearing adjourned for 3 months.
The Mother has now filed a Response, and it is filled with lies of family violence etc. The Mother and her lawyer are asking that ALL orders from the commencement of the case be dismissed, that she be given Final orders for the child to live wither her, that a SEW be appointed (which the Magistrate said would not be needed at the March 2021 hearing), that I attend anger management and domestic violence course (I wasn't violent and this relationship ended in 2018)...it is all rubbish. I have appealed the decision by legal aid but haven't heard back yet. I have no legal representation at all. I cannot access legal representation at the court. I know I can "Reply" to the Response, but I am really confused. Basically, they are asking for everything so far to be wiped out (never mind the $6,500 my family paid to kick start this process).
The mother and Grandmother have not been able to attend ONE visit because they cannot pass a urinalysis. I have no problem in our son seeing her, but I do not supervised. She bought him to us after one of her druggie friends threatened to blow meth in his face. He was sick, malnourished and flat. My son is now a little boy. He does recognise her but he's happy to leave with me. The ICL appeared to be more on her side than worrying about the little one. In fact the ICL and my Father had words in the court because my Father could clearly see that the ICL was more concerned with what the mother wanted than the child's "best interests". They have also asked for an Interim hearing to get it back before the court in less than 3 months.
I'm stuck. I don't know what to do, and I'm worried sick about my son...has anyone any advice, because I really need some help now....
I'm stuck.
What I didn't know was that she had filed a Recovery Order in late February 2020 that the Magistrate threw out because she surrendered him.
Initial hearing was March 2021 and I was granted Interim live with and spend time with myself for my son (3.5yrs) in March 2021. Magistrate granted Mother an extension of 21 days to respond to Application. At the hearing in March 2021, the Mother appeared and told the Magistrate she lived with her sister (Mother is homeless and addict). Established at that hearing she did not reside with her sister, and she ran away from the Court.
Next appearance April 9th. ICL was appointed to be present at this hearing. Magistrate did not refer for Case Conference stating he would "deal with the matter" himself. Interim custody again granted to me. Mother appeared this time with legal aid lawyer while I had no legal representation at all. I couldn't get Duty Lawyer because I'd been conflicted out. Legal aid to me was refused on the grounds that ICL was appointed, and no danger to child whilst with me. However, legal aid was granted to her. As both Mother and myself were present, the ICL pressed for agreement with Consent Orders. Minute was presented to the court and Consent Orders agreed upon and signed by all. ICL encouraged both of us to attend mediation paid for by legal aid. The 21 days extension she was given to Respond (which expired on the 24 March 2021) was extended another 21 days. Consent Orders agreed upon. Interim Consent Orders became final shortly after April 9th. Consent orders provided Mother with additional time with our son, but under supervision. The one requirement was that the mother and her mother (appointed by the ICL as supervisor because she didn't believe the "Grandma" would use drugs...) had to pass ONE urinalysis to commence the visits which were 2 x 3 hours weekly. Up till this point, neither have passed a urinalysis nor had a visit. Eight visits, or 24 hours of contact time have not been attended. Next hearing adjourned for 3 months.
The Mother has now filed a Response, and it is filled with lies of family violence etc. The Mother and her lawyer are asking that ALL orders from the commencement of the case be dismissed, that she be given Final orders for the child to live wither her, that a SEW be appointed (which the Magistrate said would not be needed at the March 2021 hearing), that I attend anger management and domestic violence course (I wasn't violent and this relationship ended in 2018)...it is all rubbish. I have appealed the decision by legal aid but haven't heard back yet. I have no legal representation at all. I cannot access legal representation at the court. I know I can "Reply" to the Response, but I am really confused. Basically, they are asking for everything so far to be wiped out (never mind the $6,500 my family paid to kick start this process).
The mother and Grandmother have not been able to attend ONE visit because they cannot pass a urinalysis. I have no problem in our son seeing her, but I do not supervised. She bought him to us after one of her druggie friends threatened to blow meth in his face. He was sick, malnourished and flat. My son is now a little boy. He does recognise her but he's happy to leave with me. The ICL appeared to be more on her side than worrying about the little one. In fact the ICL and my Father had words in the court because my Father could clearly see that the ICL was more concerned with what the mother wanted than the child's "best interests". They have also asked for an Interim hearing to get it back before the court in less than 3 months.
I'm stuck. I don't know what to do, and I'm worried sick about my son...has anyone any advice, because I really need some help now....
I'm stuck.
