NSW Private supervision - not happening

[adi]

Hi everyone,

Court has ordered private supervision. However, its not happening because my child (daughter, 9 year old) is reluctant to meet me. I understand that its mother's responsibility to prepare the child. However, when they appear to do everything they can, the supervising organisation cannot do anything. My next court date is in Dec.

What are my options if the supervised contact does not happen at all till Dec? Can I go to the court earlier, if yes, how? What kind of evidences I should collect?

Appreciate your help.

Best regards

 

[sammy01]

mate can you give us a bit of background?
9 year old is reluctant to meet you? sounds like she doesn't know you? doesn't know you very well? never met you?

I'm guessing mum is'nt all that keen on encouraging the relationship between you and child?

 

[adi]

Hi @sammy01 ,

My daughter has been with me since she was born till Feb 2020 when mother withheld the child and I went to court.
We separated in 2018 and she was coming home for 2 nights a week. My daughter does know me and we had good relationship.

Since Feb, I am not allowed to speak to meet her. Now court ordered contact service in June and mother said she only wants contact centre and that had 12 months wait time.
In August court ordered private supervision and now my daughter is reluctant to meet, she says she feels unsafe with me.
My next court date is in Dec. I just feel mother and her solicitor keep coming up with one or the other thing to delay even supervised time.

Mother is not encouraging and I believe my daughter is being coached but it's not easy to prove that. Even in CIC report, my daughter has said things I can't imagine she would.

Please help.

Best regards,
Adi

 

[sammy01]

I'd be getting into court asap. Do you have a solicitor?

 

[adi]

I am self representing.. how can I relist the matter again in the court before my next court date? Send an email to registry or some other process? Are you aware of this..

 

[sammy01]

have a read

Forms | Federal Circuit and Family Court of Australia

www.federalcircuitcourt.gov.au

 

[Atticus]

I understand that its mother's responsibility to prepare the child. However, when they appear to do everything they can, the supervising organisation cannot do anything..... My next court date is in Dec.

To be honest, given that we are already into October, I wouldn't count on even an urgent application being heard before your December date anyway, & an application in a case ordinarily needs to deal with seeking an order not already sought in final & interim applications ........ May be better to focus on that December date.

has there been an ICL appointed?
I assume both parents undertook an intake interview with the centre?... Were you accepted?

So what exactly is the situation with the supervision centre... Is the child not being taken there?
Being taken but refusing to go in?
Left there but refusing to meet you?

Has the centre notified you that it no longer wants to proceed with the visits?
Have you had any further communications with the mother over this? .... What has been said other than your daughter doesn't want to meet you? ... Any alternatives offered?

 

[adi]

To be honest, given that we are already into October, I wouldn't count on even an urgent application being heard before your December date anyway, & an application in a case ordinarily needs to deal with seeking an order not already sought in final & interim applications ........ May be better to focus on that December date.

has there been an ICL appointed?
I assume both parents undertook an intake interview with the centre?... Were you accepted?

So what exactly is the situation with the supervision centre... Is the child not being taken there?
Being taken but refusing to go in?
Left there but refusing to meet you?

Has the centre notified you that it no longer wants to proceed with the visits?
Have you had any further communications with the mother over this? .... What has been said other than your daughter doesn't want to meet you? ... Any alternatives offered?

Yes, ICL has been appointed. If I send emails to ICL and tell this is what has been going on and my ex is not co-operative. I do not get any response. I include my ex's lawyer in all my comms to the ICL.

Court in June ordered supervision contact. My ex lawyer did not agree to it saying she prefers only a contact centre. In Aug court again ordered private supervision as contact centres have a wait time of 12 months. I told court I will paying all the costs of private supervision and later my ex was trying to delay the signing of "referral letter" for a private supervision service by asking me to pay her intake assessment and transport. I agreed to all demands but now when the supervisor goes to the pick up point my daughter is not willing to come to meet. Private supervision happens in a park or some public area, not like a contact centre.

Other than being told my daughter is distressed/fearful of me, nothing is being told. No alternative offered. Private supervision service have told my ex that its her responsibility to prepare the child but they cant really make my daughter come. I have been with my daughter from her birth till Feb 2020, she was never fearful of me etc

 

[Shivam Pandey]

In civil law you need to prepare and aware to your opponent it doesn't matter he is your relatives or not .

 

[Atticus]

I have been with my daughter from her birth till Feb 2020, she was never fearful of me etc

It's possible that your daughter has some genuine reluctance for some reason (not necessarily fear) ... If she has said something during CIC's, & the court has ordered supervised visits even though the separation is relatively recent & you were having her 2 nights a week until Feb 2020....

Going to be very difficult to prove coaching if you believe that's occurring.. Ultimately only a family consultant report may shed some light on the family dynamics that are going on, so I would be pushing for that in December if the court doesn't order one of itself.... Hopefully she will open up to a FC & some light can be shed on what's going on.