Family law

Anonymous

Family law

Hi all,
Not really a question just need to get it out.
My daughter is 16 in December.
Her father has had an acquired brain injury since she was 5 and has since only has supervised visits due to violence and lots of other issues.
We broke up when she was 4 months old.
In 2022 he started legal proceedings because he wanted half school holidays and every second weekend mediation did not work.
She has very firm views she only wants to continue with 4 hour supervised visits fortnightly due to his violence and anger she is frightened when he goes into a rage,
He uses money to manipulate her,
Encourages her to shoplift in front of supervisor etc all documented in reports.
During the court process she has been given an independent children’s lawyer we have had a family report as well as a specific issues report all agreeing that it is her wishes and her safety that things stay as they are.
Now the actual problem!!!
He has previously had legal aid help him the stopped because the didn’t feel as though the case was worth government money/assistance and that he needs to listen to the reports and settle, he refuses to and has attempted to represent himself has had 3 chances to get all documents in hasn’t done it got a free barrister (don’t know how) the barrister also tried to get him to settle he refused, tried to get paperwork done for him but he fired him. Fast forward to last week we are scheduled for final hearing I turn up with solicitor and barrister ( total cost to date for me $66,000) he comes in ohhh poor me I don’t know the laws I haven’t had time to do paperwork for some reason legal aid won’t help me.
Judge gets angry with his attitude but decides to help him and adjourned the case and organises someone to help him organise a legal aid barrister for free agin.
So now we have to wait until October for final hearing she will be 6 weeks from being 16 it’s absolutely ridiculous even my lawyer and barrister is thrown by this.
As they say it’s an easy case but difficult person.
We will eventually win.
My problem is the have given me another cost estimate of $30,000.
My husband and I are completely tapped out we have no more money with the cost of living our mortgage repayments have gone up plus everything else we will have to top up our mortgage for this again and don’t know how we will survive.
I’m broken sitting here crying we have some money saved for a holiday we have been planning saving for 4 years now we have to cancel it as well.
We already owe my parents $8000 for the last day because we thought that was it and we could pay them back in instalments.
This system sucks she is more than capable of making these decisions for herself at her age the family court needs to just call it quits.
I don’t know what to do anymore my daughter needs braces and she will never get them now because we can’t afford the extra cost.
At the end of this we will have spent just shy of $100,000 on this it’s just not fair.
We can’t get legal aid because we earn to much.
I wish we could do something to stop this.
Sorry about the long post.

Posted in:  Parenthood Guilt

2 Replies

Anonymous

I would have stopped a long time ago, she's over 12, she can decide, she should have just refused to go. How can he make her go? Drag her out of the house? She is old enough, she should have told her dad, even if you win, I will not go, the only way I am comfortable to see you is current arrangement. Then she should have said, the choice is yours, supervised or never. She can't be forcibly made to go at 16, hell my 5 year old physically refused once, nothing dad or I could do. We had to change care arrangements so he was comfortable. She would be much better off with braces at this stage.

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Anonymous

My thoughts exactly! A whole lot of money to waste

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