NSW Lying lawyer- complaint possible?

[Ally68]

Hi
My partner is going through a family court case again, a year after finial orders. His ex has made false allegations of sexual abuse against my son, towards their son. He has been cleared completely, however the police prosecutor wouldn't remove the AVO completely, so he is on the condition of no abuse, no threat etc till 2023. We have to attend a family report assessment, to update the first one which recommend that the boys live with us and have minimal contact with the mother. However the mother's lawyer deliberately and knowingly told the psychologist that the AVO states that my son and the other child aren't allowed to have contact. The ICL stood up in court prior to this and told the judge that the lawyer was lying about the conditions of the AVO, and was doing so knowingly. Are we able to make a formal complaint? I have it all in writing, via email.

 

[GlassHalfFull]

I don't understand why either lawyer would discuss the case with the family consultant? My understanding (and experience with my own lawyer) is that the lawyers simply communicate with the family consultant about the appointment itself, and submit all relevant court documents so that they can review the case, but don't actually discuss anything with them. In any case, the family consultant should be able to see for themselves what the conditions of the AVO are since they should get a copy of it?

 

[Ally68]

I don't understand why either lawyer would discuss the case with the family consultant? My understanding (and experience with my own lawyer) is that the lawyers simply communicate with the family consultant about the appointment itself, and submit all relevant court documents so that they can review the case, but don't actually discuss anything with them. In any case, the family consultant should be able to see for themselves what the conditions of the AVO are since they should get a copy of it?

My partner doesn't have a lawyer this time, and the mother is getting legal aid. The lawyer for the mother sent an email to the family consultant stating that the mother was concerned about the boys being in contact with my son, and stated that there is a AVO that doesn't allow for any contact. As a result the consultant has requested that we attended the appointment with the older boy, and then my partner is to stay behind and see the other boy, due to the conditions of the AVO. My partner has emailed the consultant a copy of the AVO, and requested that both boys be present at the family assessment so that the truth comes out. The police and FACS both wrote reports stating that the mother had coached the boy, and that she has been trying to create problems for us for six years.

 

[GlassHalfFull]

I'm still surprised that the mother's lawyer is trying to intervene in the family consultant's process in that way. Although I had an IVO against me which also had the children listed, there was no problem with me being present with my children for the purpose of the family report interview. I assume you have family court orders that allow for contact between the boys? In which case, the AVO has no practical effect since family court order (almost always) override AVOs. Although the mother (and her lawyer) are clearly meddling, I don't see that it will have a major effect on proceedings if everyone is aware of it.

I don't have an answer about whether you could, or how you could make a formal complaint... But it sounds like it's clearly not going to go well for the mother from your description.