Wednesday, August 29, 2007

Another account of how the system fails Dads

Well everyone,
I had my day in court yesterday and what a complete waste of time it turned out to be.

This magistrate [Ms Hamilton of the Family Court system in Western Australia - just to give some sort of accountability here, where generally little exists - Editor] has been giving the ex anything she wants to date, because she had not heard any other story. So, yesterday she heard another story, my story, and dispite making the statement at the failed hearing 3 weeks ago that the matter WILL be finalised yesterday, this same magistrate couldn't make a decision yesterday. The damn coward has adjourned it till the 29th of October, because she wants it dealt with in the Family Court. The ex mentioned that her lawyer was possibly putting in an application in the Family Court for children's matters, so the cowardly magistrate decided she would pass the buck to the Family Court and let them make the decision.

This is real justice in action. She doesn't know which way to go now. She knows there is no reason for the existence for the restraining order, but she is not going to get rid of it for fear of upsetting the Sisterhood.

What a complete waste of time, energy and everything else I had to go through to be there. I have bronchitis, a chronic pain condition, the stress of suffering children on my mind and here I am in this court not having a clue as to what to say or do. I have had some wonderful advice from some very knowledgeable and kind people in this group, but on the day it was all worth nothing. Because when you are ill, and live in fear of the law you find you just cannot function in this environment.

I mean this magistrate did not help me much at all even when I told her I have never done this before and do not know what to do.

She wanted me to ask questions, so I did and then she told me I couldn't ask 'that' type of question etc, etc. It's all utter bullshit if you ask me.

She asked me what evidence is there that I can give to her to decide whether or not to continue the restraining order or not. I told her that I don't have anything at all, that there is no evidence in existence for the order to be in place in the first instance and that there is no evidence that it should be in place right now or in the future.

And that is the damn truth!

I mean, how do you prove nothing, with, or from nothing?

So, what does she do? She just blasts the two of us, stating that we use any and all forums to argue over children.

What a load of utter tripe! That is what the ex is doing not me!So then she decides to adjourn the hearing and states that this needs to be sorted out in the Family Court.

I can't get any Legal Aid help, I cant' get any community legal service lawyer to talk to me (because I am a male?) and I am on a disability pension and cannot afford to waste the few dollars I do own.

And I can't find a single human being who is knowledgeable enough to tell me how to go about doing this stuff. I am not lazy, I just do not understand a bloody word I am told and I don't understand what it is I have to do. If I did, it would have all been done a year ago, because I am not a time-waster.

There is absolutely not a person anywhere nearby who can give me an ounce of help.

I ask for some advice from some law advice people over the phone and they do like everyone does, they talk in legal speak. The kind of language I do not understand!


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