QLD Father Unsuitable to Attend Post Separation Program - What to Do?

Discussion in 'Family Law Forum' started by Bay, 9 May 2018.

  1. Bay

    Bay Active Member

    Joined:
    21 August 2015
    Messages:
    10
    Likes Received:
    1
    There is an order The order requiring:

    That the Applicant father file and serve an affidavit with respect to why he has not complied:

    a. Including provisions of a letter from Relationship Australia detailing why he was refused from participating in the Post Separation Program; and

    b. Details of the personal counselling he is engaged in, particularising the name of the counsellor and the dates of his attendance.

    He has provided a generic letter from Relationships Australia stating he was unsuitable to attend. He has in his affidavit given the name of a counsellor he attended from October- December 2017 adding he had 6 sessions then chose not to attend further.

    Where to from here? Any opinions or suggestions would be great.
     
  2. Lennon

    Lennon Well-Known Member

    Joined:
    11 September 2014
    Messages:
    270
    Likes Received:
    36
    It sounds like he has complied with the orders you have set out. What more do you want?
     
  3. Bay

    Bay Active Member

    Joined:
    21 August 2015
    Messages:
    10
    Likes Received:
    1
    Thanks for your reply.

    He has been assessed as unsuitable to attend. I’m trying to decide since there is Protection order for the children and I do I do nothing and wait for next court date in August when he is unsuitable but hasn’t provided any details of why. At the last mention he advised the Judge he was unsuitable to attend and she wanted more specifics than that as it becomes a question of children’s safety and is it in their best interest to maintain current interim orders agreed before becoming aware of this.
     
  4. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,783
    Likes Received:
    546
    So you're the mum?

    Do the orders say he can only have the kids as per interim orders if he does the course? Do the orders say you can stop access if he doesn't do the course?

    I'm thinking no on both counts? Make sure he sees the kids as per orders and let the Mag decide in Aug...

    Is that it? As in is there anything else? As in, is there anything else he is doing that is of concern? Locking the kids in the car outside the pub? Hitting them? Sending them down the road to buy drugs for him? Again, if no... Then the safety of the kids isn't at risk just because he refused to do a course true? So you need to make sure you are following the orders.

    Just because he isn't following an order does not mean you can do the same.
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    3,664
    Likes Received:
    680
    You understand that the intention of a post-separation parenting course is to develop co-parenting skills, rather than alleviate any perceived risk of harm to the kids, correct?

    In that context, what does a post-separation parenting course have to do with addressing what you believe to be a risk to the children's safety?

    What do the interim orders say about dad's time with the kids?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. Lennon

    Lennon Well-Known Member

    Joined:
    11 September 2014
    Messages:
    270
    Likes Received:
    36
    He has done what he was ordered to do though. He was ordered to provide a letter from Relationships Australia detailing why he was refused from participating in the program. He has provided a letter fro Relationships Australia saying that he was refused because he was unsuitable.

    He wasn't ordered to provide any additional detail himself. He can't write the letter from Relationships Australia, it is not his fault that Relationships Australia did not provide more information in the letter that they wrote.

    I think all the court really wanted was proof from Relationships Australia that they had refused to enrol him, not that he had simply chosen not to enrol.

    The Judge isn't going to base her decision about the child's welfare on a decision made by Relationships Australia - indeed it would be improper for a Judge to do so. The Judge doesn't know what information Relationships Australia had when it made its decision, whether that information was accurate, what considerations they took into account when making their decision or anything else.

    It is the Judge's job to decide what is best for the children including their safety, and that decision needs to be made on facts and not on the basis of a decision made by a third party.
     
  7. Bay

    Bay Active Member

    Joined:
    21 August 2015
    Messages:
    10
    Likes Received:
    1
    Thanks for the help.

    There is a Protection Order in place from myself and the children. Yes I’m the mum.

    The Notice of Risk disclosed alcoholism, psychological and emotional abuse to name a few. There is a history of each of these by the Father and incidents relating to the children.

    I completed the Parenting Orders Program. When the Court became aware he had not as he was deemed unsuitable they wanted more information as the only reason the Judge was aware of for this happening is Domestic Violence.
     
  8. Lennon

    Lennon Well-Known Member

    Joined:
    11 September 2014
    Messages:
    270
    Likes Received:
    36
    I still don't understand the point you are getting at.

    If there is a history of domestic violence, you can provide the Court with evidence of that. A decision by Relationships Australia to refuse enrolment in a course is not going to prove or disprove whether there was domestic violence.
     
  9. Bay

    Bay Active Member

    Joined:
    21 August 2015
    Messages:
    10
    Likes Received:
    1
    I’m not a mum denying access or breaching the orders. I have gone above and beyond to ensure the father sees the children in accordance with the orders.

    Despite the letter he has being dated 11 July 2017 it was only provided on 30 April 2018 after being ordered on, 6 December 2016, 27 November 2017 and 10 April 2018. It was filed late on 30 April 2018 after the date required of 24 April.
     
  10. Lennon

    Lennon Well-Known Member

    Joined:
    11 September 2014
    Messages:
    270
    Likes Received:
    36
    I don't think the court will give a hoot that it was filed 6 days late. I wouldn't even mention that to the court if I was you.

    Focus on the big issues.
     
    MartyK likes this.
Loading...

Share This Page

Loading...
gt;