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NSW ICL doesn't Communicate - What to Do?

Discussion in 'Family Law Forum' started by Mum79bronte, 17 August 2015.

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  1. Mum79bronte

    Mum79bronte Active Member

    17 August 2015
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    We have had an ICL appointed for some time now. She has asked me to copy her in on all communication with the other party as things have really regressed. When at court she seems on top of it and has read all my communication, however on several occasions (in face not once by email has she responded), she just doesn't ever respond or communicate.

    We have some serious issues right now that I have highlighted to her (and copied the other party as required) and I am concerned for the children's welfare in a few areas. Again, no response. Our next court date isn't for months and yet I can't seem to get any help in the interim. I don't want to put her offside as she is helping us (I guess) but I need some help in relation to a few day to day issues with the children.

    Any suggestions on how to handle this?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I definitely understand your frustration on this. When parenting matters are in court, parties tend to hold their cards closer to their chest, leading to more mistrustful and challenging circumstances for communication. Even the most basic of communication becomes a problem.

    Unfortunately, if the issues are day-to-day and don't constitute any immediate danger to the kids, it may be best to simply document everything and have it dealt with at your next hearing date.

    ICLs are not in a position to aid either party as they represent the children in a legal context, so issues of parenting decisions aren't within their scope of control. The ICL will assess communication styles and conflict issues so they can advise the court on what they feel is best for the kids in terms of parenting orders, but they can't provide remedy for issues like discipline in either household, contraventions of interim orders or schooling arrangements.

    If you want action taken a bit earlier, you can file an Application in a Case to amend the current interim orders. You'll need to provide a supporting affidavit for this, and it may see a hearing date set earlier than your existing one to have the matter considered by the court.

    The other option is to request mediation with the other parent so you can address the issues directly with them. Of course, this might be off the table if the conflict is too high.

    I'm sorry I can't be more help, I know court proceedings can be frustrating, especially when there is no communication among the parties. :(

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