I have this case going for a year in the Federal Circuit Court without any interim parenting orders. It has moved to Family Court. I have an IVO with one child for 5 years.
Wife as usual quotes family violence and risk to child opposing any interim orders. ICL for some reason also opposes any interim orders.
Final Hearing could be another 8-10 months away which will be like 2 years of separation and no context for the child with the lapse of time for any meaningful asssesment of relationship in Family report for Final Hearing.
Given the above I am putting a lot of time and effort on getting interim parenting orders to meet the child.
Questions:
While I am quite good at affidavits and did a few, I need help in drafting references to the relevant sections of the family law act to firm up the application as the FCC has given more focus on the risk without a proper assessment of the risk - rather than the best interest of the child.
What should be the key basis of the application in case at the family court. here is my list, please add more
- The family report was actually a wife's report as myself and son who was a child at that time did not attend. ICL and FCC earlier were against another family report in the interim. I did not attend the family report given my priorities for the older child who lives with me. ICL and FCC keep quoting the Family report which said - a break in the relationship with the father is better for the child. How aweful while research and family law core principle is to have the meaningful relationship with both parents.
- Daughter was alienated and told the Family consultant that she does not want to see me. I had reasonably good relationship with her until the day I was evicted, while there were issues created by the wife in an attempt to evict me and use the daughter to lie to court to evict me. Can I includ that.
- There is no assessment of the risk posed by me but the court cited risk to child to dismiss all interim orders.
- Domestic Violence allegations are all unproven - Two Police visits do not detail any violence but arguments. DHHS was secretly involved in one instance and on another instance before eviction without my knowledge to evict me saying that I pose a risk to the child with a false assault incident. Rest all in house violence etc all made up by wife and clearly shows the lawyer's wordings.
All law firms I approached want to take it to final hearing. However I don't think there is a need for trial as I know with some interim parenting orders in place with some access to the child who is already 12 yrs old, it will help us clear things in the coming months so as to understand if there is anything in dispute to go for a trial. I am not too much fussed about equal shared time but that will be decided after I get to meet the daughter and her views.
Seeking Orders - pls suggest or correct the ones below:
- I believe given that the child has expressed the view that she does not want to see me the best option available is to ask for Family Therapy to address the childs concerns. Also are there different versions of Family Therapy. I want to counter the argument that the Family Therapy also poses a risk to the child. Is there a way to have Family Therapy sessions without psychological risk to child. I mentioned that it is a safe setting but FCC still opposed the orders earlier.
- besides ofcourse the usual shared parental resp, decision making etc.
Wife as usual quotes family violence and risk to child opposing any interim orders. ICL for some reason also opposes any interim orders.
Final Hearing could be another 8-10 months away which will be like 2 years of separation and no context for the child with the lapse of time for any meaningful asssesment of relationship in Family report for Final Hearing.
Given the above I am putting a lot of time and effort on getting interim parenting orders to meet the child.
Questions:
While I am quite good at affidavits and did a few, I need help in drafting references to the relevant sections of the family law act to firm up the application as the FCC has given more focus on the risk without a proper assessment of the risk - rather than the best interest of the child.
What should be the key basis of the application in case at the family court. here is my list, please add more
- The family report was actually a wife's report as myself and son who was a child at that time did not attend. ICL and FCC earlier were against another family report in the interim. I did not attend the family report given my priorities for the older child who lives with me. ICL and FCC keep quoting the Family report which said - a break in the relationship with the father is better for the child. How aweful while research and family law core principle is to have the meaningful relationship with both parents.
- Daughter was alienated and told the Family consultant that she does not want to see me. I had reasonably good relationship with her until the day I was evicted, while there were issues created by the wife in an attempt to evict me and use the daughter to lie to court to evict me. Can I includ that.
- There is no assessment of the risk posed by me but the court cited risk to child to dismiss all interim orders.
- Domestic Violence allegations are all unproven - Two Police visits do not detail any violence but arguments. DHHS was secretly involved in one instance and on another instance before eviction without my knowledge to evict me saying that I pose a risk to the child with a false assault incident. Rest all in house violence etc all made up by wife and clearly shows the lawyer's wordings.
All law firms I approached want to take it to final hearing. However I don't think there is a need for trial as I know with some interim parenting orders in place with some access to the child who is already 12 yrs old, it will help us clear things in the coming months so as to understand if there is anything in dispute to go for a trial. I am not too much fussed about equal shared time but that will be decided after I get to meet the daughter and her views.
Seeking Orders - pls suggest or correct the ones below:
- I believe given that the child has expressed the view that she does not want to see me the best option available is to ask for Family Therapy to address the childs concerns. Also are there different versions of Family Therapy. I want to counter the argument that the Family Therapy also poses a risk to the child. Is there a way to have Family Therapy sessions without psychological risk to child. I mentioned that it is a safe setting but FCC still opposed the orders earlier.
- besides ofcourse the usual shared parental resp, decision making etc.
