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unfair family report

Hi Everyone

I have just had a family report done and I'm so disappointed in the recommendations. I reasearched this subject before hand so I would be prepared, they tell you not denigrate the other parent , to stay child focused etc so that is what I did. Unfortunately in the process of being so careful about what you say and do in these interviews the truth doesn't always come out. There was so much I wanted to tell this person but couldn't for fear of being viewed in a negative way. The report has shown bias toward my ex despite my documentation detailing the despicable behaviour of this person., there are also many mistakes and inaccuracies in this report. What I am wanting to know is can I do anything at all about this report before or at the next hearing I am  panicking because I don't know whether magistrate will make final orders or have another hearing. We have only had the initial hearing so far.

Thanks
I also have the same problem and would love some answers.
If you are a parent and early in the proceedings you may have another report done, but in my case ( as a granny ) I asked for another report before final and was refused.
I also had to give the court appointed report writer 11 months notice to attend final hearing as per magistrates orders.
If you want the report writer to attend court be aware that you may need to ask early.
Good luck.
ineedtono said
Hi Everyone

I have just had a family report done and I'm so disappointed in the recommendations. I reasearched this subject before hand so I would be prepared, they tell you not denigrate the other parent , to stay child focused etc so that is what I did. Unfortunately in the process of being so careful about what you say and do in these interviews the truth doesn't always come out. There was so much I wanted to tell this person but couldn't for fear of being viewed in a negative way. The report has shown bias toward my ex despite my documentation detailing the despicable behaviour of this person., there are also many mistakes and inaccuracies in this report. What I am wanting to know is can I do anything at all about this report before or at the next hearing I am  panicking because I don't know whether magistrate will make final orders or have another hearing. We have only had the initial hearing so far.

Thanks
  Normally Family reports are challenged by cross examination of the Report Writer at the Final hearing. Trying to get a Family Report 'redone' before it is actually challenged is VERY difficult. Because you disagree with the contents does not mean errors have been made. If you believe and can show/prove errors and inconsistancies during cross examination then any conclusions are also open to scrutiny.
Conan are you then saying not to prove lies until hearing or should lies and incorrect assumptions be shown in affidavit before final.
Help on how to challenge the report would be appreciated in whisper as other parties aware of site and SRL site is not in use.
Are you using the word lies in conjunction with a Family Report? Why would a Report writer lie? Wrong conclusions, perhaps drawn incorrectly from observations and inaccurate material.

Material is usually challenged by response affidavits and cross examination
Lies by other parties and wrong conclusions drawn from incomplete material by the report writer.
Unproven and incorrect material taken as fact and a conclusion which is negative decided.
I really wish I could put the words together as well as you Conan.
kalimnadancer said
Lies by other parties and wrong conclusions drawn from incomplete material by the report writer.
Unproven and incorrect material taken as fact and a conclusion which is negative decided.
I really wish I could put the words together as well as you Conan.
  'lies' by the other parties can be challenged in your material and under cross examination. Again 'unproven' and 'incorrect' material that a report writer may have taken as 'gospel' can be challenged.
I will try, but as a SRL it is not an easy road.
Sometimes I wish I could afford legal help.
Thanks for your comments Conan and I will do my best.
 Hope this discussion is also a help to you ineedtoknow
kalimnadancer said
I will try, but as a SRL it is not an easy road.
Sometimes I wish I could afford legal help.
Thanks for your comments Conan and I will do my best.
 Hope this discussion is also a help to you ineedtoknow
  With respect, after over three and half years on this site with first your Son and now yourself you should now know some of the 'ropes'
There is discounted legal help out there, most of the freebies have dried up.
I do know some of the ropes,
I am also not a legal person and am now in court against 3 others who have legal representation. This to include maybe 1 or 2 barristers.
A negative report is not a help in a system that is not grandparent friendly.
No matter the outcome I will continue to try as I know it is in the best interest of the children.
I learn each day and this has made me a stronger person.
kalimnadancer said
I do know some of the ropes,
I am also not a legal person and am now in court against 3 others who have legal representation. This to include maybe 1 or 2 barristers.
A negative report is not a help in a system that is not grandparent friendly.
No matter the outcome I will continue to try as I know it is in the best interest of the children.
I learn each day and this has made me a stronger person.
  Does the Family Report recommend contact or no contact. If no and you are fighting against 1 or 2 Barristers then I would very strongly recommend you seek some advice from an accredited specialist before you proceed.

If you are wholly unsuccessful then the other side will try to run a costs order against you. Whilst most parents carry their own costs in child related proceedings this has not been the case on occasions with other family members.
The family report recommends time spent with the eldest child at a time when the mother has the child in this state. She lives in another state and flys to collect child for school holidays. This is not always feasible for her to stay in this state.
With the other 2 children the recommendation is time at the discretion of their mothers. These women are asking for no time and costs.
Yes I am expecting barristers - or at least 1.
I do not have the financial ability to seek legal help.
I am proceeding so as to allow the children to know I at least tried.
There is no time with any paternal family except the father as he is estranged from all family members.
You need to stay focused and not panic over the Family Report. You are not the first person and certainly won't be last to experience incorrect conclusions and negative information in a Family Report. As has been previously mentioned you can file an Affidavit in response to the Family Report and/or cross exam the report writer at the final hearing. If you decide to file an Affidavit set out precisely and succintly the errors in the report and why and how you believe these errors or incorrect conclusions came about. Stick with facts and backup your conclusions with supporting material in Annexures. If you intend to cross exam the report writer or anyone else you need to be properly prepared. I suggest you sit through a few cases with barristers in full flight and take notes.
Can anyone answer a question for me, if you were unhappy with the family report is it possible to have a second report done by a different report writer?. We are probably going to trial and I was told that a second family report may be ordered but that you have to have it done with the same report writer. would that be true?
If you have the money to pay for a second report you can ask the court for a report with an accredited report writer to be allowed and you pay for it.
You can also ask for the same person who did the family report again through the court.
These requests may or may not be granted. If you ask at every opportunity and the response is always no then you MAY have a recourse to appeal if the end decision is not what you wanted or fair.
Reports are usually done again if there has been a change in circumstance that could affect the outcome of the hearing. They are not usually allowed with the only reason is that one person finds it unfair. This is where you would need to pay.
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