My right to have a fair settlement and not to settlement made under duress

An open letter to my previous counsel......................

I have filed an application as you are aware already in court, the marital separation agreement while under your counsel were signed under great duress. You as my then counsel has witness before you the act that puts pressure on or coerces me to undertake actions that I would not ordinarily choose to undertake. These acts you have witness include the use of threats my children safety, mental coercion, physical harm the barrication of our house of residence. I did not sign these agreements on a mutual basis. You as my counsel then had refuse me to disclose my rights to disclose my duress in signing the agreement. I have discharge you upon signing these documents, and I then proceeded to get myself inform how I could apply to the family court to address the duress I was in when this settlement agreement were signed.

1. Partial Discloser

   • A family law agreement is considered to be signed under duress if one of the parties does not disclose information. In my case, this is definately the case, and you are a witness to this, as your request for information were never forth coming.This has resulted in me signing into an agreement I might not otherwise have signed. I have since learned by myself such an agreement that was made without full disclosure may not be enforced by the court or can be revoked by the court afterwards. 

   Threat and Violence

   • I have also learned since the use of violence or threats onto me to force me to sign an agreement is considered duress in family law. 

     The If violence and threats of continous breach of protection orders, constitutes duress too. In my case, to stop compromising my children safety, I can claim that the settlement was signed under duress of continous breaches of protection order.

   Against Free Will

   • I have also learned since when a family law agreement signed without one party's free will is considered to be signed under duress. I can demonstrate the financial intimidation actions of the other party prevented me from exercising free will. 

     In this case, the court will assess the mental state of the person alleging duress as well as conditions under which the agreement was signed. If she was not in the proper mental state, then duress can be established. I was coerced to sign an agreement while under extreme financial duress, all my source of income has been blocked against my will, the residence of home were barricaded from entrance, we were forced to endanger our welbeing by being forced to treat through icy grounds as the only mean of access to our residence.

   No Chance for Negotiation

   • I have since learned the agreement I was coerced to sign, repeatedly on every point there is no reasonable chance of negotiating or compromising with the other party, and you were my counsel at that time, did not recognize this as constituting duress. 

     I had no available alternative during your counsel, and I have sign the agreement, I have also inform you, I will claim duress later and you as my counsel made me signed a waiver to vindicate you from any fault of not recognizing this was all under duress to protect yourself. 

     I am not giving you authority to accept the settlement. The counsel for the other party has to deal with me, directly.

     This is my right. I do have rights, I need to practice my rights.

     
     

     
     

     
     

Echo from the valley..........Hello any justice out there at all?

It is revealed and confirmed....the law enforcers' gathering along site scum bag, like vultures circling ready to scavenge on carcass, in this instance I am the carcass................................

What do I do? All my rights strip off me by force.
The intimidation and the duress continues. I have disengage the law enforcers from my side, because they have not acted in my benefit. The system supports these law enforcers.
What can I do, protest, which I did then, all the way through, continue to now, how?

I feel so sad today also, another form of scum bag which I had to deal with at work, made me do things which is against my grain of acceptability. To make a stand of my basic right by being forceful.

Where is really the justice. Does it exist at all? Hello..................justice, fairness, decency where are you?

The resounding echo..........is so hollow and lonely in the valley I am in.
So sad for the world.................................

Heighten sense........what am I to do with it....

This heighten sense. Feels like another event is nearing again, which I have to deal with.
Today, I have to deal with another "scumbag" real estate agent by profession. That is the heighten sense I am experiencing, not a very nice sense to experience.
Cannot shake it off, wishful fact that I can shake it off. Know the only way to shake the heighten sense is to deal with it.
What good is it, being able to sense harm coming our way, when I cannot prevent it from coming our way. My survival mode is only to protect my three musketeer and to provide for them. They gave me strength to face the on slaughter from "scum bag" that prey and make victim of hardworking peaceful people.
The outcome will be I will survive, with another scar to remind me, why the hermit existence is so attractive for my sense's.
I have lived through a lifetime and over from my experience of a "scum bag" with a nature spilling over with deceits, compulsive liar, manipulative and predatory nature, day in day out.

I am doing mind bath with "crysanthenum flower" to cleanse such dreadful thoughts that just was filled with horrid memories, also will bath it over my heighten senses.....so the pure can be restored.

No one should go through what I had gone through and am going through...............................

Dalai Lama and I

Dalai Lama said February's quake was a "tragedy beyond control" and it was his duty "as a friend of the city" to visit Christchurch."When such tragedy beyond our control happens, then faith does happen."Christchurch residents now needed to "build a new life and a new future"."In spite of tragedy, keep your self-confidence and work hard to build a new home, a new society and a new city,'' he said."Let tragedy transform into inner strength, determination and self-confidence."

I say, since I took control to get out of the tragedy of living with an abuser who is a bully, a deviant to me and my 3 kids, it is my duty as the only parent to my 3 kids, not to allow victimization to happen to the four of us.

Having lived through more than 20+ years myself being abused and bullied, whilst my 3 kids, it had been all their life, it is the only thing they know, it need to stop. It is hard to have any faith in law enforcers. Our experience so far with our tragedy of trying to stay safe, has been plague with so outreaching intimidation and bullying that affects us still daily, as we struggle to re build our new life minus the abuse.

We have develop self-cofidence in ourselves. We have also discover what inner strength we possess.

This still does not alleviate us being constantly subjected to being intimidated by the abuser, facilitated by law enforcer.

Today, I had to deal with my complaint made to the NEU, when I found out, all my shares in the companies has been fraudulently "stolen" with falsified paper works facilitated by CPA and law enforcer by my abuser and bully of an ex husband. 

This is how it is, the destruction I could not control.................I could only but deal with it, until the next infliction..........sometime it seems like I am still a victim struggling to get free...............

Ailey's status of continued financial intimidation......

Financial intimidation, my monthly salary is stop, rental income is stop. My credit card frozen.

Is this allowed?

Is it fair?

Is this to be tolerated?

No. To all the above. 

Yet, this is what I w as to go through, facilitated by law enforcer.  

Over 20+ years through 24/7, working and budgeting, the sacrifices, I made, has yielded good result with a successful business, and the buildup of equity of land and house, plus starting children education funds. All is gone or un accessible. Gone as it was done fraudulently, unbelievably when it is facilitated by professional CPA and law enforcer. 

Is it possible?

Am I bewildered by all this? 

Yes, to the above, sadly. 

This is what happen to me.................

What could I do, to help myself to set things right?

Could I?

I could not answer these questions........I am struggling still trying to help myself to set things right............and I do not know if I could, as I am still finding our if I could...............................

Ailey's start to take stock of what has happen.......

Have you seen the movie, "Pursuit of Happiness". The story line seems to be based from a real life of someone, who is truly down and out due to circumstances. There were many scenes in the movie which I could empathize with.

Here are some of it...
1.Family structure destroyed, of course compared to how my family were destroyed it is like night and day. My family were destroyed by a "sick man", who led a sick lifestyle in the background. Children and I, on daily basis were subjected to "this sick man" abuse.

2.Homeless, never know if we would have roof over our head day to day. We were made to choose safety away from our residence, we were liken to refugee / homeless four, on the run.

Seeing the movie brought me back, and I am amaze how I did made it this far. It also brought to the surface how revolting the behavior of the "sick man".

I am fighting not to take stock of what has happen to children and I. As I am not ready yet, there is still so much I need to do, to ensure financial stability before I could start my stock taking processes.

It is very exhausting to go through the past. For now, I do not need to. Do I ever need to?

Ailey's refusal to be re victimized

I am blogging my story, as it need to be told. There are a few issues with social implication.

Background.
When I made the decision to remove myself and my 3 kids from the grasp of my abuser, my ex husband. Protection order I had to pay for cost $10K to law enforcer. Then the Protection Order was compromise by law enforcers. 

Throughout all this, our abuser continue to reign abuse and taunt us, showing how strong he is, as he uses the system to manipulate. The law enforcer did nothing to protect us. The abuser kept filing false affidavit, with the cooperation of paid law enforcer.

The social issue?
In my case, the justice system in NZ, because there exist a very strong circle of the "old boys school" law enforcer gets away with not enforcing the law against criminals. Implication is, it is impossible to get away from being a victim. Law enforcer in my case are forcing myself and my kids to be re victimized.

In my current situation, as a result, I am representing myself in the family court. I am standing up, and saying "NO". I refuse to remain as a victim and I refuse be forced to be re victimized.

That is the reason why kids and I ended up having to re invent our life in Queenstown by ourselves.

My perspective, society awareness need to be brought up to speed, and law enforcer need to take responsibility. The misuse of power need to be address.