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NSW ICL Previously Represented Other Party in Same Family Law Case?

Discussion in 'Family Law Forum' started by Jessazdill, 11 September 2015.

  1. Jessazdill

    Jessazdill Member

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    I separated from the father of my 2 children (now aged 4&5) 3 years ago due to domestic violence. We are currently going through the family law processes and I am fighting for his time with the children to be supervised due to his violent tendencies as well as his history of drugs and alcohol abuse and ongoing mental health issues, which so far has been granted.

    He has changed lawyers numerous times. The children have been appointed an ICL which, for reasons unknown to me, has also changed twice.

    My question today is, with the latest change of the ICL, this new one is a lawyer who previously represented the father in this same case... As his lawyer she claimed his drug, alcohol, mental health and violence issues are non existent and the children are safe with him despite all the evidence and advice from the 2 previous ICL. And now she is supposed to be representing the children? Can this even happen?? I'm seriously concerned about it. Is there anything I can do to change the ICL yet again?
     
  2. AllForHer

    AllForHer Well-Known Member

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    It's up to the solicitor to determine if there's a conflict of interest, but realistically, the ICL will receive all the same information as when they were representing the father, anyway, so the court may not see an issue here.

    In any case, though, you can request that the court appoint a new ICL if you feel there is a risk of bias toward the other party.
     
  3. DadonaMission

    DadonaMission Well-Known Member

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    Hello,

    Out of interest what sort of violence has your ex been responsible for to justify supervision? What sorts of evidence have you given to the court? What have the ICLs been saying? Was there a family consultant?

    How far has this case gotten through the courts? Past interim hearing?
     
  4. Jessazdill

    Jessazdill Member

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    He was charged, on 2 occasions, of assault causing actual bodily harm. The second time breaching avo and good behaviour bond. Given a suspended sentence and extended good behaviour bond. And since ordered to do anger management and drug and alcohol counselling after recent cocaine use was reported to the court. Cocaine use is what triggered his mental health issues to begin with which over the years has caused him to be scheduled on a number of occasions when he has had psychotic, machete wielding, car crashing, house burning, episodes. Plenty of police and hospital records to show this.

    The previous ICLs have been dead against over night visits because of his mental health issues and have pushed for supervised visits. In saying this, I have requested that one of his family members are supervisor, and the children go to their home, not an access centre, which has been agreed upon by (previous) ICLs and judge.

    We've had a number of interim hearings. Family report to be done in early next year.
     
  5. DadonaMission

    DadonaMission Well-Known Member

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    Sounds tough. Thanks for your response. I wish you all the best.
    My ex has ordered supervised visit cause of an AVO where I picked up her phone and left the house with it to read her messages. She's also made up a bunch of other mostly minor stuff to justify. Kids adore me and I'm well capable of taking care of them.
    We are headed for first interim hearing.

    I had heard that the federal circuit court is so full with cases that there will only be one interim hearing then we have to wait for final hearing some years later? Is this anybody else's experience?
     

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