SA Family Law Court Reports - Can I Ask For Recording?

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okanynameyouwishthen

Well-Known Member
12 February 2015
115
12
414
Austral
Hey all,
I'm seeking information regarding Regulation 7 family consultant written family reports & more specifically can a litigant request a different consultant?

Family Court has ordered another report before May but I honestly don't know if I can go through the ordeal with this same woman .

As an SRL I wrote to her after the release of her 'report' mid last year seeking clarification on many many points such as why she never interviewed paternal grandparents as significant ,my missing responses to her questions,massively edited answers i gave to questions, her "feel" for my beliefs etc. etc.

She eventually responded by writing " that was not her usual practice ". Never mind rule 15.65 of the Family Law Rules relates to that being my legal right whether it's" her usual practice " or not.

As the applicant forced into this whole family law court action after a 3.5 month stonewalling from ex which included ignoring invites to counsellors, arbritaters,input into a draft parenting plan,communicating in any adult like manner & no contact with our then 5 year old daughter & a AVO issued 3 days after alerting her we were booked into FDR-resulting in a 60i certificate issued .

It is soul destroying enough to live with the fact it was my "call" that made official what was over long before & ended relationship with the mother after another increasingly hostile and regular round of verbal mutual conflict knowing she would leave with daughter to her folks .

It was done to relieve daughter of witnessing any of it & to allow me an input into her raising & as the mother knew it was over & not a good environment to raise our daughter. To then be sitting waiting for the "dust to settle" & common sense & adult civility to kick in & all move on with a different family dynamic to spare our child any further stress & confusion it hurts.

To have to be interviewed second with the consultant which was a 20 minute "viewing" as daughter & I interacted with a crate of broken toys on the hard floor. Then 2 hours of hearing the mother's "raised matters" that were nothing more than the rubbish that is filed and remains untested with the court. In short she took hook line & sinker the mother's tale of victim.

I know I'm not the 1st to call BIASED but I fail to see how my factual telling with documentation & other evidence to back attempts at a quick transition didn't rate a mention. Yet the mother taking our daughter to a by then needed counsellor 12 months after separation gained "credit" "insightfulness" "parental flexibility". Baffling !!Even after the mother offered she hoped our child would express her feelings with counsellor as she wasn't with her.

HELLO ! You're keeping her from any significant contact with her much loved daddy to the point of reneging on a deal reached to allow phone calls. I think a brussel sprout would see shes missing her dad & living with a mother determined to be shown right is confusing her as quite rightfully our child doesn't hate her dad.

Anyways I could go on but what option do I have with this reporter as she had her mind set before I dared to critically challenge her report & as a put up or shut up sort of bloke I don't wish to go in there armed with my suitcase full of paperwork & show her point by point how she was duped by " duper of dupers".

I can debate with most people on a wide variety of subject & quite enjoy hearing others opinions & theories on things but it gets my goat to be labelled by someone ignorant to my true character.

Can I ask for recording if I have to see this same woman? Can I appeal(?) her being the consultant?
 

Tracy B

Well-Known Member
24 December 2014
435
72
789
Australia
Hi okanynameyouwishthen,

I'm very sorry for this late response. Your question must have slipped through the cracks.

I note that your question was asked in February, have you reached an outcome for your question? Did you end up having the matter sorted with the family consultant?

I am not familiar with the step-by-step procedure of parenting orders, as such, I cannot answer your questions directly. However, have you tried speaking with your local community legal centre or the Australian government's Family Relationships Online?

If you're still enquiring about Family Consultants, and you haven't already done so, you should have a read of the Family Court of Australia's publication on "seeing a family consultant in the Family Court". In particular, the sections on:
  • how the Family Court will not necessarily accept what is submitted by the consultant, any report produced is treated merely as evidence (just like evidence given by the other side);
  • if you dispute anything written in the report, you can raise this with the Family Court (you should speak with your lawyer about it first); and
  • if you have a complaint about the consultant's conduct, you can lodge this with the Family Court (feedback and complaints section).
Apologies again for the late response.