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Courts Presumption and interim Orders

I had thought that since the legislation came into affect in 2006, that at least both parties would have been listened to by the court. We had an appearance, and due to the fact that my stepson, has some "very minor" learning difficulties, the magistrate would not deal with the case, until a expert witness does an assessment. But in the interim until the assessment is done, the very learned magistrate who basically ignored the law, ignored any of the substantial facts provided as part of our affidavit reduced our current care situation, on the say so of the mother…I had so wanted to believe the law would do the right thing…but we got screwed……It really does seem regardless of how good the father is, the mother always wins….
We ( son and myself ) are in the same boat. No matter what happens she always comes out on top and we do not have the ability to spent time with our granddaughter/daughter.
In the long term it is the child who misses out on her family and all that comes from that enity.
We have our hopes pinned on the court system, but most times I believe that the courts rarely get it right and allow both families to contribute.
I think some times the court is stuck in a horrible position where most judges do not understand special needs so without the experts they have to just hope they are doing what is best for that child, I am in the opposite situation with a child that has special needs that can cause risk to the child's safety but the court allowed that child to start spending nights with the father once again who has no idea of the special needs and who's method of dealing with those special needs is to ignore the specialists, not attend appointments and then ignore the fact the child even has special needs, for gods sake he won't even give the medication prescribed to the child and this was not even his choice it was his new girlfriends. He is putting the child's life at risk by not giving  the medication or even having it in the home and the ICL and court just don't get it, they don't seem to see the problem.
One thing I would put forward to you for your next hearing is, is there a pediatrician involved? If your partner has shared care responsibility he could take this to the pediatrician and ask for a report to be written up, it can cost up to $300 but if it is very minor as you say it may be worth having this. is it ordered for an assessment to be done? if not you may find the mother ignores this so it happens again, so it may be up to you to get this info.
NewStepmum** said
the magistrate would not deal with the case, until a expert witness does an assessment.
This is usual as it gives the Court the opportunity to hear from a third party not involved with the case.
NewStepmum** said
thevery learned magistrate who basically ignored the law,
Not certain what you mean by this. What does 'basically ignored' mean?
Since evidence at Interims is not tested the Courts can only make decisions on the material presented to them.
NewStepmum** said
It really does seem regardless of how good the father is, the mother always wins….
Read some of the current Judgements. There are many Mothers that would disagree with your Statement.

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