Anonymous - Family Court Outcomes #2

2004-05

Case took 20 months. Father paid at least $60,000 in solicitors' fees.

There was never any allegation of abuse or incompetence made against the father with respect to the children. Allegations of physical abuse against the mother were unsubstantiated and dismissed.

Father's contact: 22%

Mother's contact: 78%

"My case took approximately 20 months after continual adjournments for reasons unknown. Early on I had to defend myself against false charges of abuse against my former wife (AVOs). The judge eventually threw these allegations out. I had done nothing wrong and 2 child counselors had said I was a good father but strangely they (both women) wouldn't agree with my request for 50/50 access for my kids. They both said I wasn't the Primary Carer and they didn't believe in 50/50 Equal Parenting Time.

"After Justice Boland made an interim decision, that was actually illegal and actually a final decision, that the kids move with their mother to Victoria, I knew then I had little chance of seeing more of my kids. NB. Boland had assured everyone that the case would be given priority and it would be heard within 4 to 6 weeks in Melbourne. After about 4 or 5 weeks, I rang Melbourne to find out what was going on and they told me that they hadn't even heard of the case !! But as soon as they got 'wind ' of my appeal against Justice Boland's decision (I was going to represent myself after getting sick and tired of throwing money away on Barristers) I got a call from the Family Court that my case would be heard in about a week and the judge would be Justice Kay !!

"Justice Kay apparently had a reputation, the wrong sought of reputation. Unfortunately it proved correct. He wouldn't accept my affidavit and wouldn't give a proper reason. Again everyone agreed that I was a good father but it made no difference. Boland had done the damage and Kay was too weak to do anything about it. Even before I sat down in court, Kay started on me. He treated me like a criminal. I pulled him up numerous times on hypocritical mistakes and his obligations but it didn't make any difference. He set out to destroy me in his court and I suppose in the end he got his way. I wrote a letter of complaint, but unfortunately these complaints are heard by a fellow judge !! A joke. These judges answer to no one.

"I now see my kids only every second weekend from Friday night to Monday morning and half of all school holidays even though the counselor recommended I see more of my three young kids.!! I also have to do 90 % of all the driving (they live an hour's drive away). My ex-wife got 70 % of all assets even though she came into our marriage with very little. She has been rewarded for taking the kids away interstate from NSW while I was at work at our business. She also cleaned out the house and lied to the kids!! A reward for wrongdoing and all to the detriment of my three kids !!"