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Seeking advice

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(@marty)
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Joined: 3 weeks ago

I am dealing with a matter that continues to escalate to the point where the other party is falsely accusing me of sexually abusing my daughter. I initially filed a breach of orders because the mother withheld the children under the pretense of taking the children on a last-minute holiday during one of the school holidays. Since then the mother filed allegations of sexual abuse followed by stating she attempted to coerce my son to file assault charges against me. The court issued a Child Impact Report to be carried out immediately (that same week). The QPS investigation concluded the allegations were unfounded and the Child Impact Report found no evidence that corroborates the allegations. Even the ICL found no medical evidence that were alleged by the mother. The Judicial Registrar even stated to the mother that she must continue to adhere to the final orders still in effect, but over the Christmas holidays she continued to breach them and even prevent the children from attending school until the Interim hearing.

At the Interim hearing, the judge raised serious concerns with the mother's mental health and ability to care for the children but because she continued to commit to her allegations the judge stated that due to allegations made he was compelled to follow legislation and effectively remove the children entirely out of my care, granting me only supervised visits, until trial. The mother is ordered to seek support from mental health care practitioners and see a psychologist selected by the ICL. We both have to partake in psyche evals and family report interviews before trial.

I've exhausted all my savings just getting to this point and I still have to pay for the psyche evals and all costs related to supervised visits with the children. Fortunately my matter has been granted access to the Cross-Examination of Parties Scheme which should cover my legal costs for the trial, but I am also going to withdraw additional funds from my mortgage because I won't have the funds to cover all the costs along with full child support during this time.

I don't know how much influence I have with the matter at this point but I am reaching out for any advice people can offer in giving me the best chance of succeeding. The evidence is considerably favorable towards me and condemning for the other party, despite it feeling flipped at this moment. I only seek constructive advice from those willing. Thanks.


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