QLD Interpretation of Family Orders - Magellan Case

[Junior]

Thanks @ Sarah J,

This recommendation is made by Social Worker. I received the report through Independent Children's Lawyer (ICL) and asking both parties to speak to respective solicitor about the report.

 

[Sarah J]

Given that it is a social worker's recommendation, the court will place consideration on it, but you should speak with your lawyer about contesting parts of the report (e.g. reliance on facts that you're disputing) so that the court places less emphasis on certain parts of the report and on the final recommendation.

 

[Junior]

Help please, to interpret this order. Because I only represent myself, the ICL submitted his proposed orders before the Registrar and it is ordered by consent that... my son (who is 9 years of age) child psychologist and counsellor is appointed as a single witness to prepare a report in relation to the likely impact on resuming spending time with me and the most appropriate way to reintroduce spending time with me.

With NOTATIONS made in A,B and C by the REGISTRAR
The children ( 3 y/o and 9 y/o ) have not spent time with me since 2013, I was acquitted from all criminal charges in late 2014. The Family Report recommends that the opinion of my son's counsellor should be obtained prior to the children recommencing spending time with me. The parents and the ICL accept this is appropriate.

I am so worried that the ICL and my ex wife solicitor are pushing what my ex wife wants in the Family Report that she does not want my son to have contact with me.

 

[AllForHer]

Well, in many cases, where a parent tells the family consultant that she wants the kids to have nothing to do with their dad, it looks bad for them because it demonstrates a lack of insight as to the kids needs and that the relationship won't be supported by the mother.

What the mother tells the family consultant is not your concern, because she's not your concern. Your concern is exclusively the kids. It is crucially, crucially important that you be child-focused at all times. Don't buy into the games, just keep your mind on your kids.

 

[Junior]

I thank you @AllForHer,

The mother is so desperate to do everything, she does not want my son to have contact with me. Even the ICL was telling me that my son (9y/o) does not want to spend time with me after the hearing.

I have noticed that the Independent Children's Lawyers is not acting independently. He only listen to his own opinion and the mother's solicitor views.

 

[AllForHer]

To counter their concerns, you may consider seeking orders for counselling to repair the parent-child relationship to show the court that you are willing to do what it takes to be a part of your kids' lives. Further, this would show that you recognise that the 9yo may have been victim to a hate campaign against you, and that its a delicate process to reconnect with a kid who is experiencing such conflicts. Remember, kids of that age don't have much independent capacity to build their own opinions and the court knows that, so if you show that you're willing to approach that in a positive way that focuses on you and the child, rather than a negative way that focuses on you and the mother, it will probably look better for you.

I understand you probably don't feel you need joint counselling and truthfully, you probably don't...but you need to show the court you would do it for the child's benefit.

Remember - the ICL provides recommendations, not orders. It's the judge who decides in the end. Your case is as important as the mother's.

 

[Junior]

Again, thank you so much @AllForHer,

I have been so emotional for the past few days. My stress level is so high but I need to focus on the matter. I will keep everybody up to date with my case.

 

[Junior]

There will be an upcoming case management date on Wednesday. Both parties has not provided the report (the single expert witness) of Child Psychologist. The report will be provided to ICL by Child Psychologist once payment has been received from the legal aid for the balance of the fees of Child Psychologist that were being covered by the legal aid grant. Do we need an adjournment be requested for further 2 to 3 weeks to allow payments to Child Psychologist account payment to be received from legal aid? As both parties will have sufficient time to consider and attempt to reach an agreement on interim basis.

 

[AllForHer]

When you say a case management date, do you mean a further hearing for directions? If there is no application in a case pending and if the case hasn't progressed any, you will probably receive an adjournment for another two or three months anyway (depending on the court's case load, of course). The court is a big fan of facilitating arrangements that encourage parties to reach agreement of their own accord, so if neither of you have seen the family report, an adjournment will give you both time to review it and address it if you choose to. Often, many parents rely on a family report to guide negotiations toward settlement, so the court should give you an opportunity to do this.

Summarily, yes, you would probably benefit from having the case adjourned on grounds that you wish to review the report in the hopes of reaching an agreement. I believe you can make a verbal request for this during the hearing.

 

[Junior]

Thanks @ AllForHer,

Yes at AllForHer, It's a case management hearing for direction. Both parties hasn't received the report made by the Child Psychologist who were appointed as single expert witness. But I'm hoping to received the report today or tomorrow. Both parties have more than 24 hour to read and understand the report.