Saturday, May 2, 2009

Justice...

or "injustice".

Frustration isn't a strong enough word. I'm incredibly angry and sad and wildly frustrated with the situation that I find myself in.

I'm doing all of the right things.

I've done all of the right things for the past 11 years.

And yet DH lies and manipulates and submits more applications for orders to the Family Court and although I can clearly see how outrageous his submissions are, I have to spend thousands of hours and dollars trying to prove him wrong.

And even then it might not be enough.

I can see why people give up. I can see why respondent mothers lose their kids, and why respondent good fathers surrender to not seeing their kids. The system protects nobody, except divorced litigious fathers, right now. The Family Court system is shrouded in secrecy and has been since it began. Nobody is allowed to know the details and outcomes of cases which have been through the court. And without this information, people like you and me continue to believe that the system is fair and just. Until we have to live it for ourselves.

DH has declared his half ownership in the house. It has just been sold, and between that and "other investments" that he's inherited, he will be over $300,000.00 richer in June. Never mind that. He still can't afford to pay his debt to me. Any of it. And his reasons why are both ridiculous and insulting and outrageous.

Just to give you a hint of what I'm putting up with.... the first paragraph of his Affidavit attached to an Application to remove all Spousal Maintenance (NOT about custody).... states that he considers that I am mentally unstable and refers to my stint in the Psychiatric Hospital with PND in 1998 as evidence of this. And it gets worse from there.

I feel as though my lawyer has given up. It's as though he's realised that DH isn't going to settle or to go-away, and that from here on in it's going to get nasty and cost the big bucks (which he knows I don't have). He's not volunteering any information or advice to me. He's asking for my instructions. I have "instructed" him to advise me as to what my next step should be.

For all these years, the legal fraternity has told me that the only thing stopping me being able to enforce the payment of the debt was my not being able to prove that he had the money to repay it. Well, he has now. He's even admitted it. Yet, apparently, according to my lawyer, this means very little.

I'm guessing that he's half believing the ridiculous lies in DH's statement, or at least considering that a Judicial Registrar may have trouble getting past them, and therefore thinking that he is on a sinking ship.

The stress that I'm under is insane. Surely I should have an opportunity to point out that, YES, I suffer from depression BECAUSE of how DH has treated me and my children over the years. YES I suffered from severe, hospital-needing PND, BECAUSE of how DH treated me during my pregnancy and because I was going through Family Court during that pregnancy. And YES, I am less able to cope with the stress of his litigiousness through the Family Court now and I think he knows that all too well. He is applying for shared parenting to remove all future financial obligations to me and the boys, closely followed by removing a debt which is OWED. He SIGNED a court order saying that he would pay for spousal maintenance as Boo wasn't born and therefore could not be on the order for Child Support. He signed the court order to pay for our Health Insurance, which he cancelled 6 years later without telling me. He signed the court order to support me while I was on my own with two babies under 16 months. And he simply didn't pay. Any of it. And now he simply wants it to go away.

But that reasoning isn't "legal-ese" and is "too emotional" for an affidavit.

I'm going truly crazy.

There was a rally in all major capital cities in Australia today. It's main focus was on getting the Family Court to pay attention to the children and to stop allowing abusing parents (predominantly fathers) unsupervised access to their kids. It's about reversing the assumption that "shared care" is the ideal parenting arrangement in EVERY situation.

I didn't attend. I had the boys and didn't want all of us to wear the red hoods to distinguish us as people who are currently going through the Family Law Courts, as well as to cover our faces and protect our identities from the press.

I feel sick about not being there. I'm SO desperate for change, and can't even manage to get to a rally.

I guess that's just a part of depression.

15 comments:

Rita said...

I am so mad at him. I remember going through similar to this and having it run just like yours is. See I can't even talk when I think of what we went through and how HE changed and how the kids loved him and tried and tried. All I can say that there comes a time later on that they will see him with different eyes. Eyes that tell him they SEE him. They will want nothing to do with him for the most part. Keep them with you when you can. Have fun and laugh and pretend if you have to that all is well. It will be your saving grace. Pray.
Thinking of you and watching the blogs for a new one so I'll know how you are.

Dina Roberts said...

I'm so sorry you're going through all this.

It really isn't fair. : (

Sometimes it seems as if the world has gone to shit.

Anonymous said...

There are no words for what I think of this man, or the system that allows him to get away with this kind of shit. And if your lawyer has given up, then find a new lawyer. A better one. Don't you DARE let him convince you to give up this fight, Fe. That's what DH is hoping for. He wants to wear you down and make you give up. So don't let him. You are better than that. You are stronger than that. I know you are, because I can see your strength from all the way over here on the other side of the world. Fight on.

I'm sorry. Thinking of you.

J

Wen said...

Not about depression, my dear. You had good reasons for not going and subjecting your sons to wearing the red hoods and all. Who knows how respectful the press would have been to those wearing them. Plus your boys have quite enough on their plates now, as do you. Don't let these new worries make you think that all your decisions are suspect. I'm back to having to go over there and hit him one upside the head with a cricket bat, but tx will be keeping me close to home for a bit. Perhpas a new lawyer? One of the ones fighting the good fight? Perhaps someone in that article could steer you in a good direction?

Anonymous said...

I second your frustration, Fe! I just don't get it and the injustice of it makes me sick. I wish I could do/say more. ((hugs)) xoxo

Sherendipity said...

I am so, so sorry. I wish there was more that I could say.

Anonymous said...

He will get what he deserves. One day.

Hopefully it will be very soon.

Anonymous said...

I am so sorry you are going through this. I agree, the one sided ness of the family courts right now is very wrong, and the child ultimatley suffers. I wish I could say more but nothing anyone says helps. The botttom line is that it's all so unfair.

Ali said...

It it not fair Fe. The injustice makes my blood boil. I wonder what DH thinks about? How can any person think that this is a reasonable course of action? I'm so sorry that he's putting you through all of this.
xxxxx

Le said...

Fe I am so mad right now ... it is not your mental health I see as delusional - it is his - he is a complete bastard thru and thru.

And I agree with Jeff - time for a new lawyer ... if this one won't fight the good fight then you need one who can and will - a real ball breaker ...

By the way you are my April Comment Winner :) small ray of sunshine in your gloommy day I know, but ... loving you le xoxoxo

jeanie said...

Please can we find a translator, because your reasoning sure as heck paints exactly the picture of truth and it should not be one that ends with "and he got away with it forever after".

Fe said...

Thank you everyone. It's so reassuring to know that you seem to understand.

His newer affidavit, received only this morning, denies everything that he has ever done to the kids (like leaving them out in the back lane) and me (cancelling the health insurance and not giving notice of his overseas trips) and implies that because of my emotional and mental instability, I am making it up.

His lawyer is obviously using the tactic of implying that I'm a whack-job lying my head off to prevent a wonderful man from sharing his children and keeping all of his money because I have made his life so difficult.

It's a basic premise of Parental Alienation Syndrome accusation. If I'm lying, then i'm lying to the kids about him and therefore their own words won't be believed by the court.

The stupid thing is that it's very difficult to fight lies. And I'm unable to bring in witnesses (which I have). Right now I'm trying to respond to his affidavits. It's hard to without using words like "bullshit" "liar" and "bastard piece of shit".

Hopefully I'll be able to manage it.

Anonymous said...

I am running out of words - I can now only make sounds or annoyance/frustration/disgust, clench my fist and grind my teeth!! BUT your reaction in no way shape or form can be consider unusual - even Mother Teresa would be at her wits end but now too!! I continue to pray that karma, kismet and all similar universal events right the wrongs.
J xox

PS: get a new lawyer!

Anonymous said...

More words you should avoid - brain dead drug fucked moron, selfish egocentric with delusions of adequacy, and emotionally stunted insult to good men.

And a sorry waste of carbon.

I'd better not go on....

MissyBoo said...

Nothing more to add - except it is just sooooo unfair AND WRONG!