SA Magellan? IVO FCA, help with final orders sought

Discussion in 'Family Law Forum' started by TiaMaria, 13 August 2019.

  1. TiaMaria

    TiaMaria Member

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    Hi everyone,
    I have a VERY complicated matter and I am also now self representing..
    I will try and be as brief as I can, I am also wary of putting to much information "out there".
    The OP and I have been in the FCC for over 3 years, and we have just been bumped up to the FCA. OP is the applicant and I am therespondent. There are 3 children of the relationship, M 10+, F F 6-9.
    The relationship was very toxic and filled with every type of family violence that can be named. There are numerous records..
    The OP is seeking all 3 children reside with them.
    Approximately 18months ago, the 2 female children disclosed that the male child (their full brother) was sexually abusing them. I immediately informed child protection and it was later substantiated. I had no other option for a number of reasons other than to place the child with the OP. The child was not charged by police, as at the time he was a few weeks under the age of being able to be charged. This still eats me alive, as I literally had to sacrifice one to save the others.
    Since he has been with OP, I have barely seen him despite court orders.
    The two female children were continuing to see OP and their brother every second weekend. OP's time was on the condition that the male child was not at the same residence as the female children between certain hours. I have since been advised that this was not adheared too.
    A few months ago after spending time with the OP, both female children were histerical. I was advised by the older child that the OP had chocked her. Police conducted interviews but could not charge the OP. Child protection conducted a forensic investigation on the youngest child and a report was made. Long story short, it was scathing of OP and raised even more concerns regarding the female children when spending time with OP. The same day this report was made available, the ICL submitted and affidavit containing it. I have withheld the female children from spending time with the OP and other child since. At this time, the police applied for an intervention order naming the 2 female children and myself as needing protection from the OP. It is a very heavy order, and the only communication is to be between the lawyers.
    Over the past couple of weeks, one female child has made a number of disclosures of sexual abuse by the OP. The child has asked to write these down in a notebook. These are very detailed and things that a child would not possibly know unless... A current police and child protection investigation is under way.
    The OP are still seeking all 3 children live with them. The OP has had legal aid removed on merit and there has been now word on if they are self representing, they are on centrelink and can't afford a lawyer.
    As I am now self representing, I am struggling with what final orders to seek.
    Personally, I want to seek no contact at all and SPR for the female children and shared PR with at least monthly contact with the male child. I don't know if the court would do this? I also need to know, can I request that this case go into the Magellan list? Or is that up to the ICL? We will be before a Registrar in a few weeks and I don't understand exactly what that is and what I need to do? I also need to know if I can put in an affidavit at any time? Or do I need the courts permission?
    Thank you for any advice.
     
  2. Atticus

    Atticus Well-Known Member

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    Would normally be up to the FC registrar in consultation with a judge... Will basically look at the case & if the allegations of abuse are considered serious enough & are recent events then it may be... I would imagine some directions will come from the registrar at the time of your first court event..
     
    TiaMaria likes this.
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