QLD Family Court - Are Overnight Stays Appropriate for a 1-Year-Old?

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Andreas

Active Member
5 January 2017
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Hi

I would like to know if 2-3 days per week (including overnight stay) is appropriate for a 1-year-old? Is overnight stay appropriate for a 1-year-old (formula feed)?

The Family Report made the above recommendations.

The current Interim Orders allow 6 days a fortnight (alternative weekends) at 24 hours per week (8 hours each day). We have court next week for a Mention.

I will have to represent myself in Family Court as the lawyer advised me that legal funding will not be possible if I don't take the Family Report recommendation.

Please help. Many thanks.
 

AllForHer

Well-Known Member
23 July 2014
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If that's what the family consultant recommended, then I'm going to go with yes.

A child's age alone isn't enough to determine what is or isn't appropriate for care arrangements. If the child is attached to both parents and both parents are equally involved in the child's care, then there shouldn't be any issues with overnights for a one-year-old.
 

Andreas

Active Member
5 January 2017
9
0
31
Thank you AllforHer for your response.

My concerns of overnight stay are:

- The child has not had an overnight stay since she was born. Separation anxiety had just eased some weeks ago.

- Jennifer MCINTOSH and other health professionals don't recommend overnight stay at a young age

- the child will not be able to verbalise emotions and wishes due to young age

Will the above concerns be a consideration that a judge will consider for overnight stay?

What are the factors in determining overnight stay especially for a young child?

Many Thanks.
 

sammy01

Well-Known Member
27 September 2015
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Look it is very hard to distance oneself from the emotion. But if the family report writer is satisfied, then you need to understand that magistrates tend to take the advice of that expert above anyone else. The main factor I reckon that magistrate considers is expert report writer
 

Andreas

Active Member
5 January 2017
9
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31
Thank you Sammy01 for your response.

I'm just wondering, apart from the Family Report recommendations, are there other other expert opinions that the Magistrate will consider?

How about second opinion from Psychologist/ Counsellor (not appointed by the Court). Does their opinion matter in the Court?
 

AllForHer

Well-Known Member
23 July 2014
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The Court is unlikely to give weight to any professional who hasn't been appointed by the Court, simply because in most circumstances, they've spoken to one party, not both, which makes them biased in favour of whoever has hired them.

The Court will consider all relevant factors of s 60CC of the Family Law Act 1975, but like @sammy01 said, you'll probably find the Court accepting of the family report writer's recommendations. They are the objective third party, and they haven't found any issues.
 

MartyK

Well-Known Member
4 June 2016
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You can cross examine the report writer at trial. Unfortunately, many Family Law Lawyers are reluctant to do this much gusto, although, I have seen some barristers and even some SRL's pull the Family Report to shreds. You can certainly direct questions to the report writer citing literature from other revered psychologists/sources. This may or may not influence the final decision.

You have said that the Report writer recommended the infant spending 2-3 days per week with the other parent. How many of these 'days' are overnights?
 

Andreas

Active Member
5 January 2017
9
0
31
Thank you Martyr for your respond.

I believe consecutive 2-3 days and nights. I also would like to know what happens in the Mention ? Am I able to present documentations? If not, what am I able to present to court?

I will be self representing myself. The other party has a high paying lawyer.

Any suggestions on how to represent oneself in the Mention please?
 

AllForHer

Well-Known Member
23 July 2014
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Is your next hearing a directions hearing? Or has your matter been listed for trial?
 

sammy01

Well-Known Member
27 September 2015
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MY thinking... 1. you wanna write to expensive solicitor representing your ex and put up a proposal that reflects the report writer but on a conservative level. So if report writer is saying 2-3 nights a week you might want to make a proposal that is about 7 nights a month because I reckon he will get more in court if the report writer is recommending 2-3 nights a week.

You also might want to think about the possibility of a cost order being made against you. You have not given enough detail here, but if the ex has made a proposal that is less than what the magistrate determines then there is a possibility that the ex could hit you up for some of his expenses