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  Understanding orders
Posted by: Vanda - 10-Sep-2022, 09:00 AM - Forum: Prepare Parenting Plans - No Replies

Hi All,

I have a question regarding an consent order that has been made.

"The childrens time during school terms pursuant to paragraph (4) is suspended
during all school holiday periods and shall resume at the commencement of the new school
term in the same pattern that would have been in place had there been no holidays."

(Paragraph 4, if required, the children live with the Father during school terms as follows:
(a) commencing 19 August 2021, each alternate week from the conclusion of school (or
4pm on a day the children do not attend school) on Thursday until the conclusion of
school (or 4pm on a day the children do not attend school) on Tuesday.)

For the past 7 years my former partner and I have understood it to mean that if;
Parent 1 has the children on the last weekend of a school term the the rotation is suspended for the 3 weekends of the holidays and Parent 2 has the children on the first weekend of the following term.

My former partner has now just informed me that we have been doing it all wrong and that the rotation keeps going through the 3 weekends of the school term, therefore giving parent 1 both the last weekend of a school term and due to the rotation continuing, the same parent would get the first weekend in the following term.

Can someone please help me understand

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  Notice of withdrawal as Lawyer
Posted by: Vanda - 23-Jul-2020, 09:34 PM - Forum: Prepare/Find Evidence - Replies (7)

Hi all,
I received this notice from my former partner's solicitor yesterday.

Take notice that: 1. I have previously acted for XXXXXXXXXX (“the client”) in this case.
1. I hereby withdraw from the record and no longer act for the client in this case.
2. I confirm that -
(a) I have served a notice of intention to withdraw as lawyer (“the notice of intention to withdraw”) on the client by emailing it to her.
(b) the notice of intention to withdraw was served on the client at least 7 days before the date of filing of this notice;
© a true copy of the notice of intention to withdraw is attached to this notice; and
(d) the client’s last known residential or business address and telephone number are set out in the notice of intention to withdraw.

It reads as if she has given notice to her client and no longer wants to represent her. I would never have thought a lawyer would give up on a paying client.
We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?


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  Comment on the Baby Gammy Family Court (WA) decision
Posted by: admin - 11-Oct-2019, 03:42 PM - Forum: Latest Article - No Replies

[Image: mqdefault.jpg]A baby with Down syndrome at the centre of an international surrogacy dispute was held by the Family Court of Western Australia not to have been abandoned in Thailand by his Australian parents.

This case involved twin children, Gammy, and his sister, Pipah, born in Thailand to a surrogate mother (“the surrogate”) using a Western Australian man’s sperm (“the father”) and an anonymous donor’s eggs. The father returned to Australia with Pipah, but not Gammy. It was claimed by the surrogate that the father had abandoned Gammy in Thailand because Gammy had Down Syndrome. The surrogate issued proceedings in Western Australia seeking the return to her of Pipah to live with her. The father opposed the Application and wanted Pipah to stay living with him. The father had previous convictions going back to 1999 for child sex offences.

Then feel free to comment on the Court's conclusion, the media's representation, and the legal, ethical and future consequences of artificial reproductive technology as it applies to family law.

Important Decision - Media Publications

Related Video

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  Question about kilometers
Posted by: Vanda - 17-Mar-2019, 08:07 PM - Forum: Prepare/Find Evidence - Replies (11)

Hi All,
New to the forum. Hope this is the right place to ask.
My court orders state that if,
"The parties live within 10 kilometres of each other" "the parties shall implement a school term arrangement whereby the children will spend 6 nights per fortnight in the fathers care, at times to be agreed."

My question is, is the "kilometres" measured in line of sight or in travelling kilometres in the eyes of the court? and where could I find the answer within the Victorian family law circuit resources?


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  Spreadsheet with Evidence
Posted by: AlanK - 26-Nov-2018, 05:05 AM - Forum: Prepare/Find Evidence - Replies (9)

After discovery, it seems a good idea to add a column for exhibits in your spreadsheet. I added an "Exhibit" column to the template you provided "Inventory-comparison-chart12"
The example I'm providing is from something I prepared for a friend's divorce. The names have been changed to protect the innocent  Smile  Disclosure:  I have no legal training, associate producer/editor on a show that won an Emmy for best original programming probably doesn't count here.
See attached pic.          

Attached Files Thumbnail(s)
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  Unexplained Family Report and PA
Posted by: Preption - 07-Sep-2018, 10:10 PM - Forum: Disputing Family Reports - Replies (2)

I would like advice on the best way forward with my case.

My older kid (now adult) is totally alienated. While it was developing I wanted my older kid to see a psychologist about it but the ex refused, I took it to Court and the Family Report Writer (FRW) said there was no alienation and recommended against it, so it didn't happen and later the older kid became totally alienated.

Now the FRW is recommending that I be prevented from taking my younger kid to a psychologist if I see alienation developing with my younger kid - no explanation given.
The FRW acknowledges that my relationship with the older kid is destroyed but doesn't comment how, or how to protect the younger kid from the same thing, in fact seems to be recommending the same recipe that allowed the older kid to become alienated.

I think I need an alienation expert to advise the Court (the FRW is a social worker).
What is the best way to do this?
- ask for a second family report (I hear this can be hard to get ordered, and time may be a problem)
- have an expert (who hasn't interviewed anyone) appear as a witness at the trial to answer questions from both sides?
- have an expert look over affidavits and write a report?
- any other ideas?


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Posted by: travis-gee - 01-Oct-2016, 06:17 PM - Forum: Prepare/Find Evidence - Replies (10)

One thing that I always recommend to clients preparing for a court battle is to prepare a timeline. Eventually a shortened version of it will be needed prior to final hearing, but you can save a lot of time and money by getting one going as soon as your matter is filed - if not sooner. The less time your solicitor has to spend sorting evidence to make a coherent story the less it will cost.

The more organized your information is the less time you need to waste hunting it out time and again when you're thinking through the million and one things you need to work out to make your case. It also lessens your stress, because you have a sense of being more in control of your case, and the long-term effects of stress can leave you in a distressed state of mind that could be used against you by your ex (or Child Safety, if that's the reason you're on this site).

If you are reading this you must have at least some access to a computer. It is worth learning how to use a simple spreadsheet. If you don't have Excel, Openoffice does the same thing, just for free. In the first row of column A type in 'Date.' Beside that in Column B type 'event.' Then in Column C type 'Witnesses.' Column D is 'Evidence.'

Right-click the 'A' at the top of the first column, to highlight the entire column. The left-click to get a menu of formatting options, and 'format cells' date, selecting dd/mm/yy as the format.

Now go back to the beginning - when did you meet your ex? 1/1/1995? Put in the data:
Date Event Witness Evidence
1/1/95 Met ex. Her sister. SMS next day.

You're good to go. As you think of and locate evidence you can add it in. You can also learn to sort by date so that things added later get to the right row. If there are physical pieces of evidence you can put them in a manila folder in a box, in date order, and then your spreadsheet is an index to whatever you have to work with. If you want to get fancy, if you have events on two rows, and think of something that happened between those two dates, a right click on the automatically-generated row number will get a menu where you can 'insert row,' and then a blank row will appear that you can use, in the correct spot.

Of course, if there are more pieces of evidence, you can add them to column E, F, G, etc. If there are pieces of evidence that you know exist but need to find, it's a good idea to right-click the cell, 'format cells' and go to 'Background.' Change the background to red or green or some colour that will remind you when you look at the sheet to hunt for that vital piece of evidence!

There is a huge range of things that could be evidence. Receipts and SMS's of course, possible voice recordings, CCTV (always worth checking out!) or other things.

You might think more things are important that your solicitor does, but I always suggest that you err on the side of including things if you think that Evidence X proves Point Y. The final version that can be printed out (Columns A and B only) for the Court will always be shorter than what you've created. But better to have your fingers on things that might prove useful than simply leave them out then have to chase things at the last minute!

Weeding through evidence you will find that a few SMS messages are very important, and most are not. But sometimes a receipt showing you were at Canberra McDonalds on the morning of 25/9/12, when you are accused of being in Melbourne at about that time 'stalking' your ex, might just be lifesaving. Keeping it safe could make a huge difference to your matter. Documents that are obviously very important should be scanned and stored in a safe online account with a secure password that your ex won't be able to guess. Ideally, though for Court purposes, a JP-certified true copy will carry more weight on the day if required. A fireproof document safe is a good idea generally even if you're not involved in these proceedings, so if the importance of this point is clear, let this motivate you to get one!

JP-certified copies of things can include screenshots of facebook exchanges. A screenshot is one thing, a screenshot printed out and certified by a JP who has sighted the original page is conclusive. Once again, fireproof document safe! Once your ex realises you have social media evidence, expect to be blocked and the page taken down. This realisation may occur well before you file your affidavit with the screenshot.

If you are really not computer literate, I have seen people manage their cases equally successfully with a simple box of recipe cards, which you can still buy. All that is needed is to keep it chronological, so it corresponds with the manila folders in your box!

So start the process yesterday, and start clearning more space in your brain for the clear thinking you need to do without the clutter of worrying about whether you've got everything and where it is!

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  Disputing and/Nominating your own Family Report Writer
Posted by: Brandon - 26-Sep-2016, 09:20 AM - Forum: Preparing for a Family Report - Replies (1)

At my recent pre-trial hearing, I got to meet the independent children’s lawyer that had been appointed to our case.

As I understand it, she was appointed by the Court, and it was done in a random manner as she was next in the list.

It was the first time I had met or seen her however, and as a Self-represented Litigant, I thought it proper to introduce myself but she declined my attempt.

She said that anything she had to say to me would be dome via the court room, which I found both unnecessarily aggressive and started me thinking whether she was biased against me

Through-out the day, I found out that she had interviewed my wife in a personal face to face meeting, and also interviewed my child.

She however never contacted me, nor did she even inform me that she intended to interview my wife, nor was she evidently interested in interviewing me.

That pre-trial hearing achieved very little, but for the Court suggesting that a Family Report writer write a report on our family dynamic.

I had no issue with this, but as soon as the Judge mentioned it, the ICL made a recommendation that a certain report writer be assigned this task.

I had no idea who this report writer was, or whether she would be objective, but I was suspicious based on the enthusiasm of the ICL.

The Judge did ask me whether I objected to this report writer, to which I said ‘No’, but now I regret agreeing to it.

Given the ICL’s behaviour, I am very worried that the Report Writer was chosen because of her reputation, but I have not been able to find out much information on her one way or the other so far.

Can I get the selection of report writer reviewed, given my concerns? Can I nominate another report writer, who I believe would be more objective?

I am now very anxious that I have been set up by an ICL who has clearly demonstrated who she sympathises with in our child custody dispute.

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  Changes to the Aged Pension for 2017
Posted by: Rlloyd - 23-Sep-2016, 12:41 PM - Forum: Pension - Replies (1)

Since my divorce I have been living with my widowed mother, who has been increasingly relying on my management of all her household expenses.

I basically pay for all household expenses such as groceries and bills from my own income, but when it comes to my mother’s healthcare, I have been relying on her pension.

My mother suffers from a large number of chronic conditions, requiring a special diet, daily medications, monitoring equipment, frequent doctor visits and periodic nurse care, which adds up to be a significant cost over time.

So I am in a position where I really rely on my mother’s pension for her healthcare.

I have recently heard that the government has introduced significant changes that will apply to the age pension from the beginning of 2017, and I am concerned that this will impact the most vulnerable like my mother and I.

Can anyone explain whether these changes will reduce or remove the pension from elderly widows like my mother who owns her house outright, and has funds left over to her from my deceased father, but other than that she is very old and frail and needs ongoing healthcare support?

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  Apprehended bias
Posted by: Meridian - 30-May-2016, 06:14 PM - Forum: Disputing Family Reports - Replies (2)

Can apprehended bias (or something else) be used in order to change family reporter in circumstances where the family reporters first report was grossly and patently wrong, fooled by the acting of one parent and child deliberately attempting to deceive the court, missing the nasty psychological dynamics altogether (although clear and obvious evidence of the dynamics was not available at the time of the report, but is available now)?
A fully ethical reporter would admit they were totally wrong, but in circumstances where the reporters reputation is that they don't change their mind under cross-examination (ever?), it would be a risk to use the same reporter again.
At a minimum they may be tempted to water down their assessment, as to make a full and proper assessment would be pointing out just how dangerously wrong (perhaps incompetent) they were in the first instance.
Could this count for apprehended bias, or is there something else that can be used here to effect change of a family reporter?

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