Dalobsta posted this on Familylawwebguide.com.au. He posted it becuase he is very proud of himself and thinks he wrote a great letter and used "big words". Pity he can't even spell "lose" as in LOSER.
He seems like a great future member of the bully team Aka Fathers Rights. Expect to hear more from Lobsta as he fits the mould that Fathers Rights campaigners love. Older, male, uneducated, angry and arrogant and Oh, forgot to mention a wife basher.
"I have been estranged from my 4 children for almost 8 years. Throughout these 8 years I have continued to search for them. Periodically, I have been able to locate them, however each time I initiate contact, the mother changes her name, the children's names and their residence, causing me to loose contact again. The last time I was able to locate my children was in 2004, when I was informed that the mother had abandoned the children in the custody of a known child sex offender, two month's after his release from prison. At this time I made reports to both NSW Police and DOCS and enquired as to whether I could go and collect them from his custody. NSW Police warned me off, indicating that as I was not the custodial parent I would be breaching the Family Court Orders and that I should contact my solicitor. At no time was I able to contact the mother. I subsequently contacted my solicitor in order to pursue the proper means to re-unite with my children. At this time, the mother applied for an avo (nsw), claiming that I had contacted her and threatened to "kidnap the children in the middle of the night". Upon the advice of my solicitor I proceeded to defend this allegation, being advised to conclude the avo matter before initiating the Family Court matter. I appeared on the listed date to defend the allegation, however the mother did not and the matter was dismissed. I subsequently discovered that the mother had used this opportunity to again flee with the children. At this time I sought the direction of my solicitor and a Chamber Magistrate, who both indicated, that it was my obligation to again relocate them and serve legal process in relation to the Family Court matter. Recently, (September), I relocated them again. Before initiating contact, I engaged another solicitor, who indicated to me that I could have sought a location order instead of searching for them myself. GGRRR!!!
This solicitor began to assist me in the preperation of affidavits and applications to be submitted to the Federal Magistrates Court. He indicated that we would be seeking location orders but informed me that this was a prolonged process, that it could take up to six months. In order to negate this prolonged process, I, using the guidelines set out in the brochure provided by the Family Law Court, titled, "Before you file - Pre-action procedures for parenting cases", addressed an offer of mediation and an intention to claim to the mother through the only point of contact that I had, her "Myspace" page. The response was swift, a reply from the mother's new solicitor, to my solicitor, stating that the mother would oppose any contact between the children and I, then a NSW Police officer delivering an Aprehended Domestic Violence Order Application sighting concerns that it was my intention to kidnap the children. Upon talking to the OIC, it was confirmed that the mother had not informed them of the previous application or it's outcome. The OIC also indicated to me his lack of understanding of the terms Frivolous and Vexatious by stating, "Mate, stop using big words".
At the initial point of loss of contact, 8 years ago, the mother successfully applied for and was granted an avo, claiming domestic violence during the relationship. At this time, I STUPIDLY chose not to defend the application as I could not see any possibility in defending the allegation, despite nothing other than an allegation being made. I was also in a state of considerable emotional turmoil. The matter was decided in my absense. A lesson for any starting down this path, a record now stands against me that domestic violence was proven. None-the less, I believe that I will successfully defend the current application and that there are options for re-uniting my children and I.
I am posting, as I believe my current experiences may assist others before they are placed into this situation and would really appreciate any confirmation on the outcome of similar cases, re forum "AVO matters - Definition of Abuse". Any other advice or information will be taken into consideration. Can anyone help?
This is an exact, minus details of individuals, copy of the offer made:
****** ** December 2008.
Good Morning Ms ***** ******,
This message is made in order to present an offer of mediation in relation to facilitating the access of children with their Father.
In particular:
Children:
**** ****** ******** **/**/**
***** ****** ******** **/**/**
******* ****** ******** **/**/**
********* ***-**** ******** **/**/**
Applicant Father:
****** ****** ******** **/**/**
Given that some considerable effort has been made to ascertain your where-abouts and at every previous occasion that contact has been established you have continuously changed your name and residence, changed the children's names and residence, applied for A.V.O.'s against the children's Father using fabricated sworn testimony and continued to refuse to allow contact between the children and their Father is viewed by the Father as denying the children a parent.
Subsequent to these previous actions on your part it is the position of the children's Father to present this best and final offer of mediation in relation to facilitating access of the children with their Father. Despite this offer not being manditory in light of your actions, the Father has decided to make this generous offer in an effort to pursue a functional and constructive dialogue with yourself.
Understand, Ms ******, that if you choose to ignore this offer or refuse to reply within the given time frame this message will be retained and submitted in the form of Affidavit with an Application for Final Orders to the Federal Magistrates Court.
Orders to be sought:
Location Orders so as to serve Legal Process upon youself.
Airport Watch List to prevent you fleeing the country.
Residential Orders to prevent your avoidance of these matters.
Orders pertaining to the changing of the children's names.
Orders seeking that the children reside in the custody of the Applicant Father.
Orders pertaining to your Contact and Access to the children.
It will be requested that these matters be decided in your absense.
It is requested that you see reason and join an amicable form of mediation with the Father in relation to these matters. It is further requested that a reply be made to the Father's Solicitor within 14 days and no later than **th December 2008. On which day, if no reply has been recieved Applications will be filed with the Local Courts and Federal Magistrates Court of Australia. Further if you decide to flee the country in the mean-time, this matter will be pursued through the Hague Convention, with substantially and considerably more serious consequences.
It is advised that you seek Legal Advice on these matters.
Your reply may be sent no later than **th December 2008 to:
***************
***************
***************
*********
This is the Father's best and final offer for mediation.
Yours Sincerely,
Mr ****** * ********."
http://www.familylawwebguide.com.au/forum/index.php?page=topicview&type=misc&id=3279&start=0#first_unread
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