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NSW Family Law - Have a Cognitive Ability Test Without Other Parent's Permission?

Discussion in 'Family Law Forum' started by Mylife, 11 April 2016.

  1. Mylife

    Mylife Well-Known Member

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    We currently have no final orders in place. Under family law, are we able to have a cognitive ability test (and any other testing deemed needed) without the other parent's permission?

    The child is really struggling and it's quite evident that there are issues. Processing delays were picked up almost immediately during the child inclusive conference. We've been asking the other parent for quite some time, but have been told either the child is doing well or now because the court process has started that they are doing "extra classes".

    As far as we are aware, no formal testing has been done.
     
  2. Clancy

    Clancy Well-Known Member

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    I have a theory, it could be rubbish but I have noticed that quite often parents, especially mums are very defensive of their children and often logic and reason will come secondary to that. Because a parent wants their child to be loved and accepted the way they are, they do not want their child to be labelled deficient and they will resist that regardless if it is in the best interest of the child or not.

    Are you in contact with the child's regular school/childcare and teachers?
     
  3. Mylife

    Mylife Well-Known Member

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    Yes, we are.

    Reports suggest the child is struggling. Family consultant noted significant processing delay during her interview with the child. The other parent claims the child is having "extra classes". School did not mention anything of the sort to us. They did, in fact, advise that the parent was quite difficult to talk to.

    We have been raising concerns for quite some time with the other parent which have either been ignored or had the child told that the other parent thinks they are "dumb". All we want to do is get some proper formal testing done and proper professional help in whatever way is needed.
     
  4. Clancy

    Clancy Well-Known Member

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    Goodness, sounds like the other parent has gone into full defensive meltdown. You can see plenty of examples of that happening on the show Dr Phill!

    I have been through mediation, what I wanted to complain about my ex doing the mediator clearly told me what she does with our child in her custody time is her business, not mine. If you want to take the child to a specialist in your time the other parent is not entitled to refuse that, but you should at least inform them you are doing it.
     
  5. Hope this helps

    Hope this helps Well-Known Member

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    You state you do not have final Family Court Orders. In the court orders you do have or does it state that 'where medical, Educational and other major decisions regarding the child's, both parents permission must equally be in agreement.'?

    Cognitive ability test will not help your child. This tests only how the child thinks as in perspective, perception, etc. The correct specialist you need is an Educational Consultant. They come to your home and test your child in a fun light way and do a Clinical evaluation of Language fundamentals,Receptive language skill test - which tests receptive Language, Expressive Language, concepts and Directions, Word Classes, Semantic Relationships, , inventory of Literacy testing, Speech Pathology test, Auditory Memory test, Expressive Language, Psychological Assessment, IQ testing etc. It lasts for 4 hours.

    You then get give a report of where your child is having difficulties, in what areas as well as what your child is good at. Ways and methods for you and the school ( teachers) to be use so that your child comprehends. They will also recommend if your child requires a Speech Therapist which are not just used because a child has a lisp or has pronunciation difficulties but assist the child, you and education system or school to teach your child using their abilities to comprehend.

    Each child / person has a different way of learning.

    My ex ( and he is a male) would not allow me to take our child to a paediatric consultant, as she had comprehension problems, would not allow any tests to be done. Her foot was broken whilst in his care and wouldn't allow me to take her to the doctors, have it x rayed, nothing. So when I had her, I took her to the necessary specialists, tests and doctors. It meant at times I could not return her at 5 pm but I always emailed and texted him to allow me to be seen, told him why we were going to be late, etc. because as far as I was concerned if any of my children required help whether it was to see a doctor, have her tested as it sounds as if your child needs help.

    I would just take them making appointments because that's what a caring parent does! And it is in the best interest of the child. Only thing is you, like I did, may have to pay the full amount regarding specialists fees but that's nothing compared to seeing your child struggle not just at school but outside school when they have a comprehension problem.

    So look for an Educational Consultant. Any parent, male or female who wants to stick their heads in the sand and not assist and find help for their child or won't have the decency to place their child's needs and difficulties before their own wonder world of delusional perfection, then that's their problem, not the child's.

    I hope in the best interest of the child you will seek help for them and that is what parenting is all about including Family Court. Go help your child.
     
    goodgravy likes this.
  6. Hope this helps

    Hope this helps Well-Known Member

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    PS - By the way, we do have it in our family court orders that we both must be notified and in agreement when it comes to Education, Medical, School and all major decisions in relation to our child. But I took my child without his agreement when it came to medical problems and learning difficulties.

    Yes, threaten, abused, accused of breaching court orders but, of course, when I went to court, the fact of the matter is, he was in the wrong and was not caring and knew he could not complain. It would be absolutely ridiculous. In fact he was breaching the orders.

    Clancy is correct, it is none of the other parent's business how they spend time with the child or what the child does in the care of the other parent and if you have a partner who thinks more of themselves and doesn't care much for the child it is difficult. But logically, it stops the other parent who likes to be a control freak to back off. Though if a partner is like my ex, they will grill the child for hours, follow you, be a 'where's Wolly' everywhere - but worse if all grilling your child for hours and hours for information day and night - and there is nothing you can do about it.

    Good luck. Put your child's best interest first before your own or the other parent especially when it comes to Medical or child development issues.
     
  7. Hope this helps

    Hope this helps Well-Known Member

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    Ps - I meant does not dies... Sorry.
     

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