Anyone know anythng about family law?

[JackTar]

I have just found out that my x-wife is planning on moving to Queensland and taking our daughter with her was wondering if anyone on here has had a similar experience and if I took her to court would I have a chance of getting custody of my daughter.

I don't want to have to go to court if there is a high chance of me losing as I am still in debt for lawyers fees after the last time she raped me in court.

Any advice would be greatly appreciated in this time of despair, thank guys.

[Docktor]

Hey mate, It is time to bend over again, I am not sure how old ur daughter is but if ur ex has custody of her at the moment, then you have to prove her unfit or unable to care for her(thru lack of money or unstable homelife etc)... That is very hard to do. Sorry I can't bring better news mate. Again I am unsure of all your circumstances but it's very hard to win

[JackTar]

My daughter is 8 and she does not have total custody I have her every second weekend and for half of the school holidays. After I posted this topic I had a bit of a search around the internet and rang the family support hotline, have found out that if she can't get my permission to move interstate then she has to apply through court to do it. Not only that but I can make it harder for her by lodging a restraining order to stop her from moving. Apparently it is a fairly lengthy process for her to go through as the court has to take everything into account and make the best decision for the child.

My personal opinion is that she would be better off with me as my ex lives with her parents and has no partner(that I am aware of, if she has poor bastard) and I am remarried, me and my wife both have steady full time jobs where as she earns (according to her reports to child support agency) less than 33,000 and I live in a house with my wife and baby not with my parents.

Hopefuly all of these things will work in my favour.

[pt]

mate good luck with it, if you already have her on weekends and stuff, i don't think they would let her take her away. if they do i would be fuckign outraged.

[JackTar]

quote:Originally posted by pt

mate good luck with it, if you already have her on weekends and stuff, i don't think they would let her take her away. if they do i would be fuckign outraged.


I am already pretty fucking angry mate don't worry about that. She took everything I owned and 70 per cent of my super but this time she is just going way too fucking far.

[pt]

quote:Originally posted by JackTar


quote:Originally posted by pt

mate good luck with it, if you already have her on weekends and stuff, i don't think they would let her take her away. if they do i would be fuckign outraged.


I am already pretty fucking angry mate don't worry about that. She took everything I owned and 70 per cent of my super but this time she is just going way too fucking far.


always the fucking way. hope you cause her a bit of grief this time then:)

[scotty mac]

from what i know she can't take her out of state without your permission . my ex had to ask me if she could take my kids on holidays out of state thats about all i can help you with mate.

[Large]

When I did my explosives course at TAFE I learnt a bit about family law. It was back in the days when family court judges had 24/7 police protection...

Unfotunately the cops couldn't do much for poor old Rose, the judges wife who opened her front door one day to be blown up by a bomb that removed her legs. We got to see pics of her remains in a "What not to do with explosives" lesson during the course

[scotty mac]

did you finish the course? if so i think some of use need to have a chat to ya;)

[leathalbusa]

Mate what you need to do is go to the web site and down load the required documents. and start filling them out. go to the court house and start procedings against her. If you don't she'll pull up stumps and then you will have a hell of a time getting her back to your home state. You think the first round of legal lawyer raping bullshit was hard try getting a judge to make her move back from where she has set up a home. You seem to know your way around get he doc's and fill them will save you a couple a hundred in lawyer fee's. also check out the "lone fathers" web site become a member and you can get a free hour with a lawyer who see's things from your side not just a paycheck. and make sure you have a ist of question and take heaps of note.

As far as you getting custody. closer to snowball's chance in hell. The family court judges will be hesitant in taking a child away from their mothers. unless she is dangerouse to the child or her self. But if you got heaps of money have a go. it will possably take years and about as much to buy a new house and you might not even get close to the pin. Sorry to be a spoil sport. Been there and done that. And still fighting Once the bitch has'em its hard even to get to see'em. just because they have survived being hit in the crotch with an axe they think they have total control.

Don't let it get you bitter (like me Happy) but if you do alot of the leg work and leave the nasty letters to the lawyers then you could pull it off with relative little expence.

If you don't have orders written up get them Done!!!! reguardless if you are good mates. those things can turn on you in a second and rip your heart out while still beating. so if she gets shitty about you starting procedings to make her stay. she won't be able to stop you from seeing your bub. (they do that too) unless you have orders other wise. If then she violates those orders then you have better ammuntion to go for the custody. If you have no paper. emotional pleading falls on deaf ears. Oh yeah check out lonefathers site. sober cause there are some heart breaking stories and stats.

REALLY I'm NOT BITTER.

well maybe a little.

She is your kid don't ever stop fighting as an equal parent you have as much RIGHT to see her as the other.

200 klm's is as far as she can move without your consent. Your ex has no legal custody unless you've already been to court,your offspring just reside with their mother.Go to your local court and see the Chamber Magistrate,he is a judge and his advice is free.
Stay foccussed bro,the system is very cruel and can easily bring you unstuck if ya let it get to ya.I could go on for hours but this aint the place.
cheers and good luck
Davo

[scotty mac]

my dad had a saying.i hate this fucking system but it loves fucking me.

Don't get mad: Get even.

Two Harleys' worth of legal costs later, I still got bent over in the FLC (family law court).

Did you now that the FLC outranks the District Courts?

Like Davo said, speak to a Chamber Magistrate. Don't fuck about, get in there ASAP.

Reckon there are a lot of us sitting back nodding quietly after reading what Davo said.