QLD CHAT THREAD off topic (no problems solved here!)

[sleeper]

sounds like an open and shut case to me matt
i know u have to worry about it when its so important but i wouldnt stress too much, the law although slow is not stupid.

[Mitsi]

All the best!

[Fitter]

this time next week i will be so nervous and stressing....

[Fitter]

as predicted.. im stressing to the max and such have made myself rather sick with the flu.

my Fiance has been in email contact with our lawyer all day and found out that my sons mother has lodged another Affidavit TODAY!!! the day before court, with a lot of changes to her original claims, and some things she has totally back tracked on and now denies completely.

[DORA_ANNE]

Goodness Matt I could Imagine this being stressful for you Good Luck In court T'morrow & hopefully it will be thumbs up

[anzac_77]

Best of luck Matt, hope everything does go your way and you and your son can move on with your lives. I'm grateful that I don't face a similar situation

[Mitsi]

Best of luck

[Fitter]

[DORA_ANNE]

:(

That's not a good sign Matt ?

[Fitter]

It couldve been worse.

where do i start... we got there at 8:30am and met up with our solicitor and started going over everything for the day, back and forth our lawyer went from our little room to talk to my sons mothers solicitor for a few hours.

Once we got into the court room it was close to 1pm.

The Magistrate heard the mothers side of the situation via her lawyer and instantly made her opinion on it.

When my Lawyer made the attempt to put forth our side of it, the magistrate was clearly over the day. My lawyer is deaf and had an interpreter with her, so translating took more time.

In short:

The Magistrate failed to read 2 VERY important documents.
1: The mother's Affidavit that was lodged yesterday afternoon, which states she believes the child is best off living with the father due to the domestic violence she has endured both in front of the child and without him present.

Along with other things such has her mental state and she is undergoing councilling, she is scared to leave her partner out of fear he will beat her and take their now 7 week old baby away from her ( 7 weeks old as of 22/09/2012)

Document 2:
Police records in regards to the domestic violence and the FACT my son was present to witness various acts towards his mother.

Had these 2 documents been read, then the Magistrate's decision would NOT be as follows

EFFECTIVE IMMEDIATELY

1: Mother to call child EVERY Wednesday and Thursday Night between 6:30pm and 7pm
2: Mother to pick child up from school EVERY Friday and take him back to her place (she lives with violent partner that she has DVO against)
3: Father to pick up from house at 6:30pm
4: Mother to pick up child from fathers house EVERY sunday at 9am
5: Father to pick up child from Mothers house at 5pm Sunday evening.

What goes in my favour, Mother required to provide copy of DVO to Father by the end of the week, as she has convienently lost.

Either parent may move house to a limit of 150km from the other parent.

oh, and i will be contacting my lawyer tomorrow as the childs mother has ALREADY BREACHED THE INTERIM ORDERS.

Failed to call Wednesday 26/9/2012 to talk to her son.... the day the orders are put in place.....

We go back on Nov 1 for a big meeting with a Family Report person who will personally interview my son and get his side of it all and how he feels etc, as well as both parents and their respective partners.

This report holds a lot of weight in court.


- Edit -
we just explained to him that he will be spending time with his mum, he instantly asked if my fiance or i would be there, we said no... he burst in to tears and started screaming he doesnt want to be near her without one of us there.

[DORA_ANNE]

Matt how come the magistrate failed to read the 2 MOST important documents ? That's so wrong Maybe a good thing she didn't ring the little fellow ....You win ... & with a bit of luck she won't pick him up on Sunday ... Maybe I shouldn't of said that "sorry " But that is how I feel with the mother having an abusive partner ..I just read your Edit Matt ...Thats Sad ...

[Fitter]

we dont know why she didnt read them.

we do know that the subpoena'd police documents were 2 rooms away. but due to how busy the magistrate was hearing other cases, we were not able to get permission to go in there to read over them and present them as evidence.

the affidavit... we dont know why she hadnt "got around" to reading that.

[Mitsi]

So she has him for weekends only?

Poor little thing. I remember when my parents split when I was about 6. We had to go to family court and were asked about who we wanted to live with, not that we actually had a choice.

My Dad then hooked up with a new family and moved from Brissy to Townsville. My Mum was so jaded that we had no contact with him until she wanted a break so palmed us off to him for a month when I was 12.

I've tried to establish a connection with him but we are so different. He's giving me away next Saturday for my wedding and will give a small speech but as he mentioned, he has no stories to tell.

[Fitter]

she will see Danyl on friday after school and all day sunday - this is regardless of plans we have already or Bday parties he is invited to etc.

this weekend we have a Bday party to go to, the 2012 Lego Expo in Bris, and Cruise for Charity where i have already paid entry fee to compete in the QLD Finals for Sound Off.

Dan's Bday on Oct 20, we have already booked and paid for accommodation on the gold coast and attending the V8 racing

[anzac_77]

Sounds rough for you Matt, however you obviously now have grounds to lodge a complaint that the magistrate didnt do her job right, Jayant Patel was let out of jail for manslaughter on a smaller miscarriage of justice than what you endured