WA Family Court - What will Happen at Interim Hearing?

[MartyK]

Yes, there would usually need to be good reason for a Family Report not to be ordered, particularly in a case like yours where welfare issues have been raised about the child and the parents positions are far apart. Court reports are fairly standard in parenting matters.

I should also mention that while we are talking about a court 'expert' in terms of a court reporter (family consultant), the term Court expert also refers to a forensic psychiatrist.

Orders for an expert report (forensic psychiatrist) are far more difficult to have made and a party (their lawyer) would need put arguments to the Court, showing significant reasons concerning the mental health of a parent, for one to be ordered.

As an aside, my last post was meant to say The Judge in a court would... not ...in a court order...

 

[Hoang Trang]

The other party also alleges that I suffer from a mental problem. One of the consent orders included in the SEW is for a full psychological assement of both parties.

 

[MartyK]

The other party also alleges that I suffer from a mental problem. One of the consent orders included in the SEW is for a full psychological assement of both parties.

Do you mean psychiatric assessment? This may well be the reason the mothers lawyer has not yet responded (you say she hasn't?), to your lawyers own request for agreement to an expert report?

Experts cannot (should not) make findings/claims that exceed their qualifications.

 

[Hoang Trang]

Going by the MOCO's is for a full psychological assessment of both parties and the expert is a Clinical Psychologist.

Still no response from the mothers lawyer and I have my CAC tomorrow

 

[MartyK]

It's just dawned me Hoang that you are from WA. The State that skips to their own beat Family Law wise

So a Family consultant was not appointed at the first Court date? Are you certain one will not be present at the case assessment conference tomorrow?

RE: mental health assessment of both parents. I'm sure this is something that could be raised tomorrow.

But wouldn't it be better to concentrate your energies, for tomorrow, on trying to work together with the other parent (if possible?) to make some fair and reasonable (if only interim) arrangements about your children?

 

[Hoang Trang]

Come to think of it, we may have a consultant appointed already.

Will certainly do everything I can to work to an agreement. This has been my position from the start and have many times made this clear to her but has fallen on deaf ears.

I hope to go back to mediation as we only did one session and both go to counselling of some sort. I think my proposed interim arrangements are fair and it is what has been agreed and followed by both of us for 1 year. Our differences set aside and work together in the best interest of our kids.

 

[Hoang Trang]

Had my CAC last week. Came in with a diplomatic attitude. Spoke what I thought was in the best interest of my kids and the willingness to work together with my ex for a positive outcome. I suggested to enrol into mums and dads forever program and back into mediation. But our consent orders still remain.

The day before the CAC her lawyer responded and declined our proposal for the SEW even though we would file form 2 for a application unless otherwise. But on the day she agreed and signed but only with me forking out the whole cost. None the less it would of saved me further costs as a hearing is now not needed. Oh and the daycare were served the subpoena yesterday.

 

[Hoang Trang]

The Final Orders you are both seeking are exact opposites? If I read correctly this would be child lives with one parent and spends time with the other parent EOW, from Friday (school pickup) until Monday (school drop off) and 1/2 holidays?

Reasonable orders given the distance. A negotiation point could be that if your orders are granted mum could have the kids for an additional weekend every 5 week period?

I realise you have said that you have recently bought a house with your new partner and that you are seeking for the children to live with you, but I do like sammy's suggestion of you looking at the possibilities of moving closer to the children. This would definitely make shared care more of a possibility and may significantly reduce any need, for either of you, to go to a final.

It is refreshing to hear a litigant speak nicely of the other side. All credit to you.

Do my proposed final orders seems reasonable?

Children live with father and spend time with their mother

- Every Friday evening until Sunday evening and half holidays.
- Telephone communication daily between parents to discuss the kids schooling, well being etc
- FaceTime daily between parent and children
- Children not to attend daycare and any after school or holiday care.

Travel time between school and their

Mothers is over 1hr one way. I want to facilitate as much time as possible but am happy to consent to EOW and the fifth weekend as well.

My next hearing is in late June and the judge has requested our final orders. Also the SEW report will be submitted by then as well

 

[Lennon]

Why have you proposed an order about not attending daycare, after school or holiday care?

 

[Hoang Trang]

Why have you proposed an order about not attending daycare, after school or holiday care?

When our children were in my primary care they attended prekindy 2 days a week when they turned 3. All other times they were at home with me and my family

Last year when the care changed she put them in daycare full 5 days a week and this year is 2 days daycare plus 3 days kindy. And on school holidays she will have them in daycare the whole time.

I'm a stay at home dad and my kids will be at home when they are not at school.
If she has half holidays I feel it would be best for our children to spend time with their mother rather then be at at daycare or holiday care.