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Children required to attend someone elses Family Report?

Can't find the justification

My ex and I have already been to court two years ago regarding our two children now aged 5 and 7 and we have consent orders in place with the children spending four nights and one evening at my house a fortnight. This is generally working.

My ex has been in a new relationship for the last two years. However, they don't live together, she wants to but he so far refuses. He has two children about a year older then each of mine. He is now in court proceedings with his own ex, trying to get 50-50 care of his children.

Somehow my ex has been caught up in the proceedings, how or why I don't know and don't really care. What I do care about is that the court has ordered that my children be interviewed for his family report. I just can not see the justification for this given my children are non resident and unrelated.

My kids went through enough of this rubbish two years ago with our own proceedings. I am determined that they do not get caught up in someone elses proceedings, the results of which is of no consequence to them. I fear they are being used in some way to further his case for 50-50 care of his own children.

How can I prevent this from occuring? The ex fully intends to comply with the court. I am sure she sees it as a way of making herself more relevent to him in the hope that he will one day agree to live with her or something.

I will not let my children become pawns in all this. Would appreciate any advice you can provide.
GoodDad,

You stated that your ex has been in a relationship for two years with this man and his children, therefore, the court will generally want any person (adult or child) that has regular contact with your children to be involved.  Is it possible that your ex and her new partner are stating to the court that they would like to reside together?  As this could be why the court is recommending that your children be involved in the family report process?

You cant stop your children from being involved as your ex is with this person, yes they dont live together now but in the future they might like to.  I understand you dont want your children to become pawns in this however; your ex is pulling the strings within regard to this, which really isnt good as this may not benefit your children and the family report may actually imply this anyway.

Please note this is not legal advice, just advice.  I hope this helps.
Hey Ethie, according to my ex, she and her boyfriend don't want my children involved either. They say they are surpised that the children have been asked to attend, but feel as the court has ordered it, they have to comply. And as far as what she tells me, they currently do not intend to live together in the foreseeable future. 
They "feel like the Court has ordered it"?!

There is either a Court Order binding the ex to present YOUR children to be interviewed or there is not - guessing NOT. The children themselves can't be ordered to do anything - they aren't a party to proceedings. Your ex is not a party to proceedings. Hence only the new partner COULD be ordered to present the children and I'll bet you a million bucks no such Order has been made. Hence there is no obligation for them to participate and your query is moot. Has your ex raised his concerns with the Court, the ICL, the Court Consultant, the Registrar/Magistrate/Judge? Going to go with NO again.

Hope the above helps.

- Zer0ne -
Well yes, he was ordered by the court that both my ex and my children are to present, with him, to be seen by the Family Consultant. I was provided with a copy of the letter from the court addressed to him. I found it really quite ridiculous. My children don't live with him and there is no intention that they will anytime soon as far as I am aware. Not sure how it has come about but someone somewhere has obviously mentioned my children in an affidavit.

Anyway, I wrote to the court and strongly objected. I pointed out that I have equal parental responsibility. It took the court less then 24 hours to respond advising that on on the basis of my objection, the children no longer had to be present.

So the situation is resolved. But really, I just don't think it should have ever of gotten to that point and I am not sure what the judge was thinking.
Excellent work GoodDad. For what its worth I agree with you. What a ridiculous situation. Silly Court!
Good result, I would have hit the roof myself!
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