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QLD Interpretation of Family Orders - Magellan Case

Discussion in 'Family Law Forum' started by Junior, 14 November 2014.

  1. Junior

    Junior Well-Known Member

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    Hello! I am a respondent in a complicated complex family law case. Currently self represented, my Legal Aid application was unsuccessful twice.

    It is ordered that ( Interpretation )
    1. The Independent Children's Lawyer shall have to cause subpoena to issue to whoever he wants documents produced by as he may consider relevant to issues in dispute in these proceedings.
    2. The mother and the father shall do all such things and attend all such consultations as shall be necessary so as to permit an independent single expert as may be nominated by the ICL to prepare a report in respect of each of the parties and the children to this relationship at such time as the ICL shall direct them, but not before the finalisation of the criminal proceedings against the father currently pending in the District Court of Queensland. ( I pleaded not guilty, was found not guilty by the 12 Jury and was discharged with no conviction )
    3. The matter is adjourned to the Magellan Registrar at _____________________ for the making of all such directions as might be necessary for the progress of this matter, including, if considered appropriate, directions for final hearing of this matter and that unless otherwise ordered by the Registrar, such hearing shall be conducted by telephone.

    Please Help
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Junior,

    Basically, the matter is adjourned (temporarily put on hold) so that the Independent Children's Lawyer can investigate into the children's situation and the parents' circumstances and prepare a report that will later be handed to court ("the Report"). Once the court has this report and has had a chance to consider it, it will resume the hearing and continue with a decision.

    1. The Independent Children's Lawyer has power to force any person to produce to it any document that it believes is relevant to its investigations and in preparing the Report.

    2. Both parents must assist the Independent Children's Lawyer's investigation and preparation of the Report, including attending consultations called by the Independent Children's Lawyer. In conducting the investigation and preparing the Report, the Independent Children's Lawyer can nominate an expert to conduct its duties.
     
  3. Junior

    Junior Well-Known Member

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    Thanks so much @ Sarah J... ( By the way, I was suspended with no pay and legal aid 2x unsuccessful application forced me to represent myself )

    I spoken to some solicitors ( legal aid and private ), I am confused with the ICL role. Now, I was found not guilty and was discharged with no conviction. ICL is still pushing to produce documents and subpoena in preparing the family report. Some solicitors said it will be a trial, some said I will end up no time with the children and some said it will depend on the Registrar how satisfied he is with the ICL report.
     
  4. Junior

    Junior Well-Known Member

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    Social Worker has already completed her report. I am confused, I self represent myself i wasn't told that the other party brought her solicitor with her. For what I understand It's me, the mother and the children only.
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Junior,

    I am not too familiar with the civil procedure rules of Queensland courts and/or the Family Court. There is usually a requirement that the party with representation enter this notice in the court ("enter an appearance") which is available to the other side. There is also a requirement that the party should further notify the other side (i.e. you) that they are being represented and who they are being represented by. From then on, your communications will be with the representatives and not the other side directly (i.e. the mother).

    I am not clear with your case or whether proceedings have already been initiated. It may be that the other side is merely seeking advice and asking the lawyer to assist with responses and is not actually being represented by the lawyer in all matters (e.g. not represented in the main proceedings).

    Here is a fact sheet by QPILCH about dealing with lawyers on the other side. If you are unclear about whether or not you did receive notice, you can call up the court and enquire.
     
  6. Junior

    Junior Well-Known Member

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    Thanks @Sarah J,

    The fact sheet link you provided will help specially those people who are unrepresented by a solicitor eg...like me.
     
  7. Junior

    Junior Well-Known Member

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    Thanks @Sarah J ,

    I am so confused with my Family Matter. Two weeks ago they conducted a family report through social worker. I was wrong, the applicant was with the children together with her mother not with the solicitor. We already inspected the subpoena that the ICL requested last month that this subpoena will not be reproduce by both party including the ICL. It was ordered that all the documents used in the criminal proceedings shall be destroyed no matter what the outcome of the criminal matter which I was found not guilty. The ICL and the other party requested a copy of the subpoena material but was denied by the Registrar herself. We can only view it but cannot be reproduce.

    Two weeks from now the Family Report will come out and I'm hoping it will be fair with me and the children that they will have spend time with me (father).
     
  8. Sarah J

    Sarah J Well-Known Member

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    I am glad to hear that you were found not guilty in your criminal charges. They should not be considering this in the ICL.

    Best of luck with the outcome for the ICL Report!
     
  9. Junior

    Junior Well-Known Member

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    @Sarah J

    Family report recommendations...

    *The children continue to live with their mother. *It is recommended that supervised visits commence as soon as practicable, in the order of 1(one) hour per week for the first four visits, and moving to 2(two) hours per fortnight after that. *Orders are made on an interim basis for a period of 6(six) months, with view to reviewing my son progress prior to final order. *My son to continue counselling.*Parents will both undertake parenting and separation program.

    Is this fair for a father like me? I think the subpoena material which was requested by the ICL became an influence when the family report writer handed this report to the court. The hearing case management will be set next month.
     
  10. Sarah J

    Sarah J Well-Known Member

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    We can't comment on what is fair without hearing the facts of the case and the report and considering all the information. But it sounds like a possible order the court could make. The court makes its best assessment on what is in the best interests of your son in all the circumstances. It is not necessarily what you believe to be fair, but it is what the court considers to be in the best interests of your son, in all the circumstances with all the information it has now. It sounds like this is temporary until the main hearing.
     

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