Hi all,
I am looking for some fresh eyes/perspectives and guidance please on final orders to seek in my matter. Happy to answer questions if you need further info, but will provide a summary to kick things off :-D
Current consent orders are that I have sole parental responsibility on an interim basis, that my son live with me and that he spend two supervised hours per fortnight at a contact centre. There is a current protection order in place naming my son and I (consent without admissions).
The family report summarised what we both said to her during our respective interviews with recommendations that the father undergo further random drug and alcohol screening and that a full psychiatric assessment be conducted for us both. An updated report is due to be carried out shortly which will include the family report writer observing my son and his father during one of the supervised visits.
The psychiatric assessment identified narcissistic and anti-social characteristics in the father and expressed concern about the welfare of my son in his care unsupervised if upon testing of the facts my account was to be believed over the father's. It also recommended that the father commence mental health treatment however stated that it is difficult to treat what is "not acknowledged".
The supervised visits have been going since last July and on the face of it appear to be going well. My son seems to look forward to them and I encourage him (he is 3) to have fun and enjoy his time. However, following each of the visits he displays changed behaviour, mostly clingy and not wanting me to leave him (even to go to the bathroom).
The history of our relationship is one of significant DV (hence the protection order). Drug and alcohol abuse on the part of the father, threats of suicide, abduction of our son, to harm me etc. I have been seeing a psychologist for some time now to deal with what I endured and to receive strategies for how to continue to parent effectively and assist with anxiety and PTSD following the relationship.
Our matter has been set down for trial later in the year. I have a number of witnesses that will be called to recount their own experiences with the father (two partners prior to me, two after) of DV and their children being subjected and exposed to it. One included physical assault where the father was charged.
The father has an extensive criminal history, mostly related to DUI's however it does include the physical assault of his previous partner. There is also record of him punching himself in the head in a police station and screaming that the police were assaulting him.
I have been able to submit evidence to corroborate all I have stated in my affidavit's including copies of text messages, public FB posts made by the father etc. The father continues to rely solely on his affidavit and is his only witness for trial. My GP and psychologist will also be called to detail the effect on me (Russell v Close).
To date I have been seeking a no contact order with a fall back of supervised time continuing indefinitely. The main basis being that he will continue to expose our son to family violence which places him at an unacceptable risk of harm. I honestly do not believe that with what I have experienced and all that I know that I can voluntarily put forward any unsupervised time arrangement (I understand this is likely to be a major flaw). If however the court was to order this I would obviously comply however would require significant assistance from my psychologist in order to do so.
I guess I'm just looking for thoughts or suggestions on alternative final orders if you believe based on the above a no contact order will not likely be made.
Thanks in advance...
I am looking for some fresh eyes/perspectives and guidance please on final orders to seek in my matter. Happy to answer questions if you need further info, but will provide a summary to kick things off :-D
Current consent orders are that I have sole parental responsibility on an interim basis, that my son live with me and that he spend two supervised hours per fortnight at a contact centre. There is a current protection order in place naming my son and I (consent without admissions).
The family report summarised what we both said to her during our respective interviews with recommendations that the father undergo further random drug and alcohol screening and that a full psychiatric assessment be conducted for us both. An updated report is due to be carried out shortly which will include the family report writer observing my son and his father during one of the supervised visits.
The psychiatric assessment identified narcissistic and anti-social characteristics in the father and expressed concern about the welfare of my son in his care unsupervised if upon testing of the facts my account was to be believed over the father's. It also recommended that the father commence mental health treatment however stated that it is difficult to treat what is "not acknowledged".
The supervised visits have been going since last July and on the face of it appear to be going well. My son seems to look forward to them and I encourage him (he is 3) to have fun and enjoy his time. However, following each of the visits he displays changed behaviour, mostly clingy and not wanting me to leave him (even to go to the bathroom).
The history of our relationship is one of significant DV (hence the protection order). Drug and alcohol abuse on the part of the father, threats of suicide, abduction of our son, to harm me etc. I have been seeing a psychologist for some time now to deal with what I endured and to receive strategies for how to continue to parent effectively and assist with anxiety and PTSD following the relationship.
Our matter has been set down for trial later in the year. I have a number of witnesses that will be called to recount their own experiences with the father (two partners prior to me, two after) of DV and their children being subjected and exposed to it. One included physical assault where the father was charged.
The father has an extensive criminal history, mostly related to DUI's however it does include the physical assault of his previous partner. There is also record of him punching himself in the head in a police station and screaming that the police were assaulting him.
I have been able to submit evidence to corroborate all I have stated in my affidavit's including copies of text messages, public FB posts made by the father etc. The father continues to rely solely on his affidavit and is his only witness for trial. My GP and psychologist will also be called to detail the effect on me (Russell v Close).
To date I have been seeking a no contact order with a fall back of supervised time continuing indefinitely. The main basis being that he will continue to expose our son to family violence which places him at an unacceptable risk of harm. I honestly do not believe that with what I have experienced and all that I know that I can voluntarily put forward any unsupervised time arrangement (I understand this is likely to be a major flaw). If however the court was to order this I would obviously comply however would require significant assistance from my psychologist in order to do so.
I guess I'm just looking for thoughts or suggestions on alternative final orders if you believe based on the above a no contact order will not likely be made.
Thanks in advance...