Wednesday 6 February 2008

the big ol' slacker...

yes I know sorry sorry sorry. I talk about court and then after it all happens I don't update.

To save everyone reading the long and involved saga... the kids get to stay where they are.

Now for the whole story. First off I am late getting to my lawyers office. The traffic was crazy. Never seen it like that before. So he was cranky at me anyway. He was basically telling me as well that because I knew matt's objections and still went ahead I was going to be dead meat in court. (ok they weren't his words)

So the ideal outcome that he painted was that it would get adjourned for a trial and in the mean time the kids would have to go back to Reynella. Ian said though that this judge was fairly new to the family court and thought things through and was different to the others that have been there forever.

So when we finally get our turn. (you have to be there at 9.30) we get adjourned until 2.15 as it was going to be a lengthy argument. Dad, Karen and myself ended up at the Central markets and sat in a coffee shop for 3 hours!!

We finally saw the judge again at about 2.30. Matt got to say his part first. Saying that he was first told about the school in August and that is when the kids behaviour started becoming bad. That he had phoned me and tried to talk to me about it all but I wouldn't listen. Blah blah blah.

When it was Ian's turn he was great. Matt stood up at one point and the judge told him to sit back down as the judge would not be hearing from him again for a while. With the school thing the judge wanted more information about my housing and how permanent it was etc etc. So he was talking about adjourning it until Thursday to give us more time to put papers in. In that time the kids were to stay at Aldinga. Ian then mentioned that Matt had kept the kids home from school. The judge was not happy. He told Matt that if Matt had the best interests of the kids then they should have gone to school. He asked Matt why he didn't put them into school and Matt answered along the lines of well we weren't sure what the outcome would be so I didn't want them to go back to Aldinga if you were going to send them to Reynella. The way he worded it though was very arrogant. Needless to say the judge was unimpressed.

When the judge was talking about letting the kids stay until a decision was made Matt threw his arms up in the air and said well if that is the decision you are going to make then there is no point in continuing. He came so close to losing it.

When we came out Ian went up to Matt and asked him if he wanted to try and sort something out. Matt told him that there was no point as he had already tried. (geez he can bullshit) Ian just said ok and walked off. Matt a short time later came up to Matt and said yeah lets talk.

So the upshot was I have an injunction that I will not move the kids out of the school without Matt's written consent or court approval and that I will not move from the southern suburbs and in particular 65kms from the GPO. That bit pissed me off a bit but really I don't want to move and won't be for quite a while. And if there is a change in my circumstances that warrants me moving then I can take it back to court and would probably win.

In regards to Matt trying to get more time with the kids that as been set down for March 18th. Matt is so far out of his depth it isn't funny. Ian was sprouting off the case that I had no idea about. It basically is the case that lays it out that you can't vary orders unless there is a significant change in the circumstances. There isn't a change in the circumstances so it should be all fine. But there is no way Matt knew about the case. Fingers crossed he backs down on this one as well. He has 14 days to put in more documents. (more affidavits full of total crap) and then we have 14 days to put in my answer to that. Shall be interesting to see what he comes up with. He hasn't put much in so far and that was part of the reason for delaying it I think. His main argument at the moment is that I am working and mum and dad can't look after the kids. Well that won't cut any ice as there are so many grandparents going through the courts getting awarded residency of the kids.

I am sure he will try to bring up that I am unfit. That I drink to much, do drugs and have to many boyfriends!! Oh if only my life was that exciting!!

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