VIC ICL Requesting Psychiatric Report - Criteria to be Met?

[Rod]

I can understand the OP's concerns. I'd not like to be forced into an assessment where there is no upside, but potentially a downside.

The ICL can request, you can refuse, and argue in the alternative for a psychologist of you/court's choosing, the court then decides based on the evidence put forward to it.

 

[Malissla]

I can understand the OP's concerns. I'd not like to be forced into an assessment where there is no upside, but potentially a downside.

The ICL can request, you can refuse, and argue in the alternative for a psychologist of you/court's choosing, the court then decides based on the evidence put forward to it.

Ah there you go, the voice of pure reason and understanding,here are some on line reviews of the psychiatrist which are not good. click on this.. Dr. Peter Doherty
I have no reason to put myself and my case at risk by attending upon a hired gun.. Whatever he decides to write in his reports sticks no matter what, and I want to make this point very clear. The reason the judge gave to me for wanting me to attend, was so that the court could be aware of the effects it had on my mental well being if it was ordered that I had to attend handover of the kids and have contact with the respondent as a result of the significant family violence I've suffered, my lawyer at the time said it would be a good thing, let the court know what effect it would have on you, it's ok, lots of people do it, it's how they win their cases and I'm like.. no.. play the victim in order to win? Why can't I simply say it how it is he was extremely violent, why play the victim? I just do not agree with playing that card, I would rather be straight up and fight the case for what it is.. Another point I have learnt the hard way is that - the court never read any affidavits, never hear any evidence, everything is dealt with by way of consent orders, now I learnt from that crap and stopped consenting and wow how everything changed for the better, but I found out that once you start fighting back hard the ICL try to get something on you - anything - that they can use to make you bend over so the court can shaft you, they find something they can use to make you enter into consent orders.. which is why - i believe - the ICL wanted a psychiatric report, no report means I give the ICL nothing that can be used against me, I simply do not trust the ICL nor any hired gun who the ICL employs.. as far as I am concerned the ICL should need a reason to request a report and I do not accept the reason I have been given nor do I want to take that "victim" route. I like the advice you provide Rod, because it is the voice of logical reason, I was hopeful you would drop by and speak up, thank you.

 

[Malissla]

Look mate...if this is how you carry on in court and to the ICL, no wonder they are asking for you to be tested. Which part of you can be made to pay do you not understand? Which part of the what you quoted being in relation to funding do you not understand?

You won't win any cases acting like this. It's not a game where you get back slapped for scoring points via what you "think".. What you "think" actually means very little in the game you are playing (court).

Sticking my hand up for testing won me my case and now my son lives with me but you carry on living in La La Land.

Blah Blah Blah ...

 

[Malissla]

Disclaimer: I don't practice in family law.

If the Court considers it to be in the interests of the welfare of the child, they can order that a psychiatric examination be undertaken. The Courts have confirmed powers under ss68B, 65D, 67ZC and 114 of the Act to order that a party attend upon a psychiatrist.

In my (limited) understanding it is rare for the Court to specify a particular psychiatrist as that would limit the order and make the parties have to return for further orders, and therefore delay proceedings, if the named psychiatrist was unavailable for any reason.

That appears to be the length and breadth of it - whatever the judge thinks is in the best interests of the child. If that seems too 'open ended' for you then, well, welcome to family law.

In my case I was asked if I consent to one and I said no, I was told by the Judge that a negative inference would be drawn from my decision, and I was ok with that.. it doesn't make that much difference to my case if that happens as my case is strong. It wasn't the court but the ICL who specified the psychiatrist.

 

[Malissla]

Lots of great answers in this thread wasted on a very angry woman



Then you must have severe problems to be the position you are in now and refusing to do a psychiatric test won't help your cause even if I did make a mistake in your gender

If you are anything like this in real life there is your problem

Blah Blah Blah..

 

[Malissla]

I imagine they request one if they believe it will assist and perhaps there have been allegations made by one or both of you as to the other party's mental health? A qualified psychiatrist is a trained professional (will make no commentary on the "hired gun" aspect). They are able to ask questions in order to receive telling responses that can allude or even clearly uncover issues that other non-trained people wouldn't necessarily pick up on.

I note you have refused the assessment - any chance you would reconsider? Personally I don't believe it is anything to be fearful of, if your case is as strong as you say it is, could it possibly help?

I spent just 45 minutes with the psychiatrist that conducted the assessments in my matter and assume the other party spent roughly the same amount of time with him. His assessment and report was spot on.

All the best.

click on this and read the reviews about this hired gun: Dr. Peter Doherty

 

[Malissla]

Why don’t you call Legal Aid Victoria and ask? Since you’re a strong, independent woman and all that.

I sent an email and am awaiting a response, there you go you can give good advice if you try..

 

[thatbloke]

Your responses are pathetic...more like a child than an adult...No wonder you don't have your kids...Good luck going up against a judge and an ICL both wanting you to be tested..I have a feeling you will need it to even get supervised time come any final decision

 

[AllForHer]

Shopping for advice until you get an answer that suits you?

Oh, dear.

Eight years of your kids lives lost on Family Court, and counting. If that isn’t some poor decision-making, I don’t know what is.

Anyway, good luck with, y’know, all that.

 

[Malissla]

Shopping for advice until you get an answer that suits you?

Oh, dear.

Eight years of your kids lives lost on Family Court, and counting. If that isn’t some poor decision-making, I don’t know what is.

Anyway, good luck with, y’know, all that.

Yes that's 100% right, I posted a question, I'm sure you must have noticed? "8 years of your kids lost in family court"? Are for real? In case you are unaware, most people are lucky to get 15 minutes once every 4 - 6 months? But I agree with you on the poor decision making, some of these Judges should be sweeping roads instead.