NSW Family Therapy mandatory?

Discussion in 'Family Law Forum' started by Smitho87, 11 August 2019.

  1. Smitho87

    Smitho87 Member

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    My son lives with me and has been refusing to see or have any contact with his mum.
    She initiating proceedings and at the first mention we both agreed to attend family therapy. There were sealed consent orders saying exactly that - both parties will attend and pay half for family therapy.
    We attended the initial intake and then a proposal was given stating that all 4 parents (my ex, me and both of our partners) needed to attend and get on board to work out the parenting issues for the sake of our son.
    My son is adamant he hates his mums new partner and doesn’t want to see her anymore. There have been a lot of issues for a long time between them.
    Maybe down the line he will want to spend time with her but not right now. Hes 14. He should be able to decide for himself.
    He doesn’t want to work on things and I have little interest in attending therapy either. There were so many sessions listed it is going to cost a small fortune. I simply cannot afford the ridiculous amount this therapist wants to charge me.
    My lawyer has told my ex that I won’t be attending and that I can’t afford it and that it’s a matter for her and my son to figure out. The ICL has indicated that if I can’t afford to pay then I shouldn’t be made to.
    Our next court date is a compliance hearing. When we go, will I get in trouble for not attending therapy? Will the judge order that I MUST attend the sessions? Since I did initially agree to pay half also, can that be forced?
     
  2. Atticus

    Atticus Well-Known Member

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    All you can do is put forward your reasons for not attending... The court will probably still require you to attend some form of mediation in a genuine effort to resolve the issues...Impossible to say if you may be held accountable for what costs
     
  3. hshkara

    hshkara Well-Known Member

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    Depends on the wording of the orders. Potentially the order states that you will attend family therapy, which you have, but does not stipulate how many times you need to attend? You will just need to explain the situation to the judge.
     
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