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01
Oct
2008
stacylee

Hi, Complaining About Family Legal System

by stacyleeComment Published at 17:5717:576 comments6 comments52 Visits52 VisitsReport

9 Months in Family Law Courts in Brisbane, after father turned up after 9 years of no contact what so ever, stole oldest daughter from school, left younger son behind, took me nine months of Courts etc to get her returned to me,  kids are now  to reside with me full time.

Courts granted father every second weekend & half of all holidays kids spend with him.

I don't understand how a father can turn up after 9 years of absolute nothing, no phone calls, cards,etc....can get these rights? He has never paid child support, now owing CSA Dept, $22,000

He works, earning $50,000 a year & collects the Dole from Centerlink! all the while he's ripping off the system & people like us!

Came to my house where he is court ordered not to be, on a day not assigned to him by Family Law Courts, Bashed me infront of my 3 kids & left with my daughter in his car,  i phoned police who can do nothing to act on the order as it's a Family Law Matter, Basically i need 10,000 to get her back for reappearances in court, to get a recovery order as legal aid will not cover this as they covered the existing court order to start with,  Catch 22 for me,   he wins because im not rich,  makes me so angry that no one thinks about the kids,  it's just about money,  & who has the most of it,  WHAT ABOUT THE POOR KIDS?

Any help or suggestions as to what else i can do please feel free to speak out!

Thanks Stacylee,  Hervey Bay QLD

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janicepovey
October 2008 | janicepovey
Re: Hi, Complaining About Family Legal System

 Surely the police can act on an assault charge that has nothing to do with it being a Family Law Matter....I'm sure you could take that further.

As for the other matter, your best bet is to go to Legal Aid and get a lawyer to take your case further.

You could dob him in for frauding the system without giving your name, I'm sure they would be very interested in him earning $50,000 while still collecting the dole.

I wish you  the best of luck.

Regards Janice



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becksa
October 2008 | becksa
Re: Hi, Complaining About Family Legal System

My sister had to go to court to try and get sole custody of her child. Her ex is abusive, violent and a drug adict. When the final hearing came around they got an out of locality judge who read 1 line of a phyc report and was going to give the father unsupervised contact every second weekend. The father was only doing it to cost my sister a fortune. His family have loads of money and know she didnt. But all her family and friends lent her as much as they could. In the end her ex decided at this time he wanted nothing to do with his kid, but he can come back at anytime and start the whole thing again. My sister still keeps records of any contact her ex has with her as she has an avo on him. (which she had before the hearing).

The courts dont seem to work it really depends who you end up with as your judge. Her legal cost are over $40000 and it has made it so she cant afford to do anything fun with her kid or get a new car.

Try keeping a record of everything, but the police should have gone him for assult. Hopefully you have pictures of what he did.



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A-Lauria
October 2008 | A-Lauria
Re: Hi, Complaining About Family Legal System
Sorry I also forgot to say that there is Legal Aid, which is free to those that are low income earners. Anotherwords, you wouldn't need to pay for a lawyer.


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A-Lauria
October 2008 | A-Lauria
Re: Hi, Complaining About Family Legal System
Best advice I can give you is this. Diary! Keep a written diary of everything he has done and if you can't remember the exact date and times, get as close as you can. This will hold up emensley in court when you are able to go forward with it. Also you can make reports to the cild protection agency about your concern for her welfare. He's abusive and has broken the law by taking her on an unscheduled day without your permission. Also, the police are able to do something. Wether or not there is a family law matter going on, you were awarded the custody for now and as you said, he came, asulted you and took your daughter without permission. Have him charged for assult for starters, and also tell them about the custody arrangements previously enforced, he should then be also charged for some kind of kidnapping. DO NOT let him get away with it. DO not let fear get to you. You can do something about this, it IS NOT hopeless. If you want to talk more about this, feel free to talk to me about it.


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Queen-Fire
October 2008 | Queen-Fire
Re: Hi, Complaining About Family Legal System

OMG I thought the police could act if it was a court order?? This is so stupid at least he should be able to be charged with kidnapping or beating you up??

This would really suck, I hope you get as much help as possible from the community in Hervey bay.

Cheers Queenie

xoxoxxoxoxoxo



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winja
October 2008 | winja
Re: Hi, Complaining About Family Legal System

its messed up! i dont think its right that mum have to do it everyday but dads can piss off and still have rights!

if a mum chose to give up her child by abortion or adoption could she just change her mind ? NOPE!



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