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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5132
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My son divorsed s wife it was amicable, they have a son, no

Customer Question

My son divorsed his wife it was amicable, they have a son, no custodial arrangements all very amicable, they divorsed in january 2015, then my son met a new lady, and all hell broke loose, the ex started stalking his home constant txt messages ect then started damanding that the child will not be allowed to visit him with the girlfried there then she tried to force him to take the child 50/50 my son trialled this and as (my grandson has high functioning autism) he is 7, so does not understand sarcism, or emotion, he loves his dad, and must have driven her mad by asking to be with him all the time, anyway she was so jealous that she tried all things to stop the relationship, my son found out that the day care he went to was hurting him and spoke the carer any way he told his ex to stop sending him there, he told his ex that she must stop all of her behaviour they would not get together again, then ge got slapped with a VRO,( which has a lot of lies i was so shocked at the allegations, and the terrible part is that my son was instantly guilty and had to prove himself innocent she also has on 3 occations breached this by attempting him to txt him trying to arrange a private visit with his son as she had VRO for her protection my son tried to go see his son at school then she started removing him after paying a lot of money for defence he went to court and and her lawyer told my son she was going for an undertaking, this cost him $5000 up to then and he had to borrow it, then when he went to family court to get a right to see his son she slapped him with child abuse, the judge would not listen all she said these are serious allergation and now you will have to have supervised visits ( how is it that she lies and the court automatically believe her and he is so cushed as he loves his son, but he asked the judge am i not allowed to say anything in my defense she said this is not a punishment you have 21 days to appeal so he has to pay for paperwork for initial consultation and $40 for every hour he sees him he was allowed 2 hous for 8 weeks then he has to pay for the case study $500 when he goes for legal aid help as he has no money when he originally went to try for legal aid they told him that he could not be earning any money
But his ex gets $26,000 a year and she got it immediately, but the worst is that he has to go onto a waiting list to see his son that is 12 weeks longer then the 21 days so when does the best interest of the child come in? They are prohibited by very bias and corrupt (institutions) people that believe everything that any body accuses them of, i an the paternal grandmother treated with the same distain because its my son and they say we live in a democratic society, i want to know is there someway i could be the supervisor while my son sees his son or another way affordable to guy that has nothing left trying to prove his innocents even the court provide lawyers for people awainting trial, please understand i know my son and his ex had very fiery arguments but he has never laid a hand on her or threated her ever, we think that she decided after my son moved on that she would return to south africa and my son told her that their son is australian born he would not allow him to leave he realised that with all her sceeming that maybe that was what she eas planning and he put ab injuction on that she also then added that onto her abuse that she just wants to go back to visit her grandmother as she is very sick ect abd its ger culture but my grandson culture is australuan aby way my son has allowed her to take him 4 times but its becone extreemly dangerous now and he knows as the lawyer told him they have the Hague treaty but they cant guarantee his safety so she just replaced the VRO with the child abuse and now he has to pay another lawyer the same to defend him on this we are aware its a long process also my grandson is autistic how is it in the best interest of the child for him to move to another country that is so dangerous and does not have the specialised help he can get here the judge has allowed this so i honestly dont understand im writting to you with the fact that i still hope that there are still good lawyers out there that think of the people, im a registered nurse have nursed for 49 years u also obtained my PHD in nursing education and love my grandson i have helped people all my life
Please help us what can we do, my son also lost his home and bussiness as they only live 60 m away from each other so with the VRO he had to move ( this living arrangement was made by the ex as she felt it would be better for the child ( this happene after the divorse as he was living with me
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello
Are the family orders final or interim?

Customer: replied 1 year ago.
Interim given him 21 days
Customer: replied 1 year ago.
She seved him rhe child abuse after her lawyer discussed the VRO and her lawyer asked for an undertaking ( which his lawyer said was very rare) then she served the other he asked the judge to see his son as she tried everything to stop him seeing him she told him it was serious alkergations such as saying ge was anxious and depressed but not that ge has autism ( the allergations were always thst his son saw him being angry there was no assault ect it was based ob his emotions which as you know autistic children dont show also they are very antisocial
Customer: replied 1 year ago.
Can i have answer to the question that i paid for
Expert:  Daniel replied 1 year ago.

If there is interim orders, can he not wait till the final hearing to argue for more contact?
That is the usual situation.

Customer: replied 1 year ago.
He was given supervised visits which has a waiting lists 12 weeks that is longer then the 21 days for the mental abuse hen does he see his child, this is what I wanted to know can I not be the supervisor .
Expert:  Daniel replied 1 year ago.

hello
What do the orders state?
The orders would name a supervisor

Customer: replied 1 year ago.
they have Anglicare, but they told him he has to go on a waiting list which is 12 weeks ( what I don't understand is how is this in the best interest of the child if he has not seen him as she kept taking him out
Expert:  Daniel replied 1 year ago.

Hello
Well sadly it needs to be Anglicare.
The orders state it as such.
the court have sadly made a decision.

Expert:  Daniel replied 1 year ago.

Please leave feedback as to my service.
​I am happy to answer further questions.

Customer: replied 1 year ago.
I also want to know if my son has been private supervisor which he was told he could and use Anglicare as a default ( the problem is that my son originally went to mediation with them and everything else but there was no agreement made so
Anglicare gave him a certificate that basically state that they could not help him he had to go to court ) so he went private and they the ones that told him that he could not go as they have have given him a certificate to go to court, so he then had the initial assessment done, paid $75 dollars and they told him that he would have to notify his ex about it he did so and she replied that she would not accept it she wants Anglicare so what does he do know she has been playing this game he has not seen his son since July, I mean he has done everything he was asked surely the court can help him just to see his boy he has 21 days but she won't agree to anything surely he has a right to see his son he is happy even under supervision he just wants to see him please give us advise
Expert:  Daniel replied 1 year ago.

Hello
Sadly none of this changes anything.
There is a court order made.
The court has made a decision for Anglicare to supervise.
I wish I could say otherwise.