My friend has been found guilty of 8 counts of failing to comply with Family Court orders relating to facilitating access of her 10yo son to the father. She apparently failed to provide sufficient evidence that she tried hard to get him to visit. The case was not held in the Family Court and the judge has given both parties 14 days to submit opinion on what her penalty should be. The judge hinted at a custodial sentence. The boy is scared of his father and has not seen him for 12 months. He refuses to go to school on days when the father was due to collect him for over-night or weekend visits and now, after the decision, is refusing to leave his house.
Her legal aid solicitor has been underwhelming in assistance and has provided no advice since the decision was handed down. She has no confidence in the legal aid solicitor who failed to act on directions of Counsel and so the judge did not see her supporting evidence.
Can she provide her own submission regarding penalty?
Can she submit that there be no penalty?
What supporting evidence can she use - must she only rely on documents read during the hearing?
If she can make her own submission, what process does she need to follow?
Her legal aid solicitor has been underwhelming in assistance and has provided no advice since the decision was handed down. She has no confidence in the legal aid solicitor who failed to act on directions of Counsel and so the judge did not see her supporting evidence.
Can she provide her own submission regarding penalty?
Can she submit that there be no penalty?
What supporting evidence can she use - must she only rely on documents read during the hearing?
If she can make her own submission, what process does she need to follow?
