QLD Interpretation of Family Orders - Magellan Case

[Rod]

Hi AllForHer,

OK, thanks.

I can see some valid points there. Me thinks it doesn't need real reform, just enforcement of current laws.

The court can and should find the guilty partner in contempt. Let it become a 'black mark' on that person's criminal history. Might slow some people down who value a clean criminal history. Secondly, the court can impose community service orders. After hours or weekend work for 3-12 months (on non-custody weekends ) might also discourage lying.

If courts do not clamp down on perjury it just encourages more and more people to behave the same way.

 

[Junior]

Thank you so much @AllForHer and Rod for wonderful contributions with this interesting case of mine. I have been falsely accused and pleaded not guilty, was found not guilty and discharged with no conviction. And yet the other party is still doing the accusations and intimidation. They are still at large and free of doing this to an innocent person. I agree with @Rod that the guilty partner should site for contempt.

 

[Lawyering mum]

Sorry, have been very busy the last few days.
I agree that there is no reason to self rep. You know the issues at hand and I would bring some supporting evidence (if possible) of the main issues that will be discussed.
As difficult as it is, try and stay calm and let her have her say and outline her issues. Don't roll your eyes etc when things are said that you disagree with. I would suggest going with an open mind (in terms of ideal outcome), and be prepared to negotiate.

 

[Junior]

In the past few days I was able to get some advice from the solicitors in regards to my complex matter. I asked them whether it's achievable or not. Some can be achieve and some are not. Some say, through trial, but the other solicitor disagrees. I want negotiation, not trial.

I started seeing my children last July 2015 through supervise visits in the Children Contact Service for 2 hours every fortnight. I want to see and spend more time with my children. I'm was going ask for the Children Contact Service report and the other party was going to ask for a 2nd Family Report and Child Psychology Report, but later we agreed that the Children Contact Service Report should be subpoenaed first by the Independent Children Lawyer.

Is phone or video calling for 15 to 30 minutes achievable every week? Is spending time with my children during weekend unsupervised achievable?

The Case Management Hearing case is not far away. The children want to see their father without barriers.

 

[Junior]

Anyone?

 

[AllForHer]

The phone/video calling time is achievable, certainly, but unsupervised time is a complete unknown to us here on the forum. There are too many factors that influence care arrangements determined by the court.

If all reports are positive and consistent in their reflection of the children having a positive relationship with you and your ability as a parent to be child-focused, then it definitely increases the odds in your favour. There are lots and lots of case examples where parents have been ordered to supervised time in an interim hearing and then moved to unsupervised at another interim hearing, but there are also lots of case examples where supervised time has been ordered on a permanent basis (though these are usually extreme cases where the court has decided there's an unreasonable risk that the children will be harmed in some way if unsupervised time is ordered).

Sorry I can't be more help than that. It doesn't do well to focus on the odds, anyway, in place of building a strong and positive case for yourself. Each case is so different and each judge manages cases in their docket so differently, it's just impossible to predict.

 

[Junior]

Thanks @ AllForHer,

I have been to court recently and the court decided to go on to trial for 3 days but before that there will be a compliance hearing next year. What is Compliance Hearing in Family Court of Australia?