WA Ask Family Court for a Psychologist to Make a Report?

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S66

Well-Known Member
26 November 2016
20
3
124
Perth
I have a case management assessment at the beginning of January.

My kids are off the Violence Restraining Order but the ex has filed a form 4 about child abuse and violence. The Violence Restraining Order or VRO is still on her. I have had supervised visits with my 4 kids (3 hours a fortnight) and it will be 9 visits before the case management.

All my ex has done is made up stuff all the way along so I couldn't see my kids. She used the VRO against me when I took her to court about the kids, then she used the family court decision against me in the VRO trial but I managed to get the kids off it, so now she's come up with the form 4.

Can I ask the family court for an interdependent psychologist to make a report for the court? Should I or can I get the kids (4 of them 14, 12, 9 and 4) an ICL?

I'm worried that all the made up stuff she keeps coming up with that no one will listen to me.

Should I have a lawyer with me?

Thanks for you help
 
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CasKat

Well-Known Member
1 February 2016
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Yes to all of your questions. I would also ask the consultant to put in a request to the supervising centre to produce a "progress report" as well and commence any form of counselling (preferably a clinical phsycolgist a Mental health plan will be required from the kids GP) you can for the children to Help understand their own feelings and growth throughout it all.

Also stay in contact with the schools and any out of school activities etc. Ask for a communication book for between visits.

From my experience, the courts are definitely not in favour of the other parent (my nice way of saying father). Keep in mind whatever accusations or requests you make of the mother the courts will make of you as well. In this world it is guilty until proven innocent.

Also keep in mind est. cost for ICL $3,500 (dependant on income), est. cost for Independant Phsycologist $3,500 again dependant on income they usually want half the costs of what it would cost legal aid
 

S66

Well-Known Member
26 November 2016
20
3
124
Perth
Thank you CasKat,

What about taking a lawyer with me to case management assessment meeting? My ex is just horrible and will say anything to make it hard for me.
 
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S66

Well-Known Member
26 November 2016
20
3
124
Perth
My ex took them to a psychologist and she said the 2 older kids were a little frightened when Mummy and Daddy were fighting. It was only about the money she was giving her parents and the car she bought them without telling me
 
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CasKat

Well-Known Member
1 February 2016
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124
This I will leave the decision to you as it is your money but I will say...

I have been to court for 2 difference cases

One was my own for my son. Self-represented, took 3 court appearances and I got sole custody... (father failed to show at all appearances despite my communications with his lawyers and offerings of fortnightly contacts and regular telephone contacts).

Another ongoing for the past 2 years for my partner to see his daughter. We have poured $50k into lawyers representing because of the false allegations made by the ex and being too scared to risk any chance of him being able to see his daughter.

if it was my case, I would have saved the cash and the lawyers for Pre-Trial and Trial stages...but the fear was instilled in us and our "safety net" was/is the lawyers (it's still ongoing just did pre-trial today).
 

CasKat

Well-Known Member
1 February 2016
34
1
124
My X took them to a psychologist and she said the 2 older kids were a little frighten when Mummy and Daddy were fighting.
It was only about the money she was giving her parents and the car she bought them with out telling me

Unless it is ongoing counselling I would not put much weight on it. It is all scare tactics on the ex's behalf to break you and make you go away and then she can say to the kids, "see I told you he didn't care".

Encourage her to take them on a regular basis the truth will come out eventually. But most importantly your kids know you never gave up, indispite of the hurdles put in front of you by your ex (thier mother). You need to prove you are willing to have a working relationship with her for the sake of this kids.
 

sammy01

Well-Known Member
27 September 2015
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Ok, so ex taking them to a psychologist doesn't really matter. Let her. Be agreeable - play nice. Don't throw mud just 'cause she is... Courts / psychologists etc have seen it all before.

There are lots of cases where the parenting arrangements have been reversed because one parent has been obstructionist towards the other parent.
 

MartyK

Well-Known Member
4 June 2016
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A Notice of Child Abuse, Family Violence or Risk of Family Violence is a mandatory form where allegations of child abuse or family violence or risk of child abuse or family violence are made in a application under Part VII (children's matters).
 

S66

Well-Known Member
26 November 2016
20
3
124
Perth
A Notice of Child Abuse, Family Violence or Risk of Family Violence is a mandatory form where allegations of child abuse or family violence or risk of child abuse or family violence are made in a application under Part VII (children's matters).


Isn't it a case of the more sh-t you throw, the more that might stick? The ex has come up with 100 points of abuse. Can't believe the rubbish she has said.

Even yesterday, I got a letter from her lawyer asking if I'm a drug dealer because she said to them that I admitted that in the VRO trial.
 

S66

Well-Known Member
26 November 2016
20
3
124
Perth
The ex has been very clever with her friends all the way along this horrific path. She removed me from the home with the VRO and had the 4 kids put on it. Then she used the VRO in the family court and even though she had 8 weeks to be ready, she only had council for 2 so they said the didn't have time to prepare.

The judge went with her side and I ended up with supervised visits 3 hours a fortnight and a half hour call on Wednesdays on speaker phone. Oh and having a drug test.

Then at the VRO trial, she used the family court orders to make that just about impossibe to win, however I got the kids off the VRO. As soon as that happened she got the form 4.

How do you defend against that stuff as the judges seem to be so one-sided?

We caught her out lying many times but it didn't seem to matter. I know she has had a lot of help from a lawyer friend of ours and they always are about 2 steps in front. He got her a half price barrister for the VRO.