NSW Family report and ex wants to contest it

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Samantha-Jane

Active Member
2 June 2017
8
0
36
Hi

Regarding the family report which we have had done. My ex since has now got a lawyer. I rec'd an email from his lawyer stating that the respondent has serious concerns on the procedure and how it was conducted and will be fighting the recommendations, contesting it, and will cross exam the writer at the final hearing.

What grounds has he got in relation to the procedure as they obviously conduct the interviews the same way? There are a few factual errors but nothing that would really change the outcome. He will probably deny things he has said to the writer but the writer would only put in the report what was said. No other family came to the interview with him and now his mother stated that she had wished for the opportunity to be interviewed (she was spoken to via the phone) but the initial letter from the writer states that any new partner, kids, any other family members involved to attend but he obviously didnt read this, based on that would the courts actually have the report re-done?

Noting that now he would know what to say and what not to say. To me he cant take back what he said and the impression he left.

I get the impression he wants to delay the process as im asking for relocation.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Is the report writer stating that you should be able to relocate?

Look I think he's a shot bird. He has gone about the interview the wrong way and now wants to undo something that can't be undone
 
  • Like
Reactions: Samantha-Jane

Samantha-Jane

Active Member
2 June 2017
8
0
36
Yes the report was in my favour with the ex having visitation rights, me travel to NSW so many times a year and he visiting child interstate etc
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
It's perfectly within his right to challenge the report and the recommendations made by the writer. There's nothing you can do to stop this from occurring.

However, in his cross examination of the writer, it might be prudent for your lawyer to question the writer as well, to reinforce that his recommendations were made from a place of objectivity and with the children's best interests in mind.
 
  • Like
Reactions: Samantha-Jane