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Urgent Matters - how to file and what is needed?

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Hi all,

I am about to file for Applications in a Case and Application for Final Orders. I have attempted to mediate with the mother and met stiff resistance to discuss the issues. I offered mediation with the expectation that it would be refused and in order to comply with the FLC directions in relation to Family Dispute Resolution. Prior to offering mediation, with the assistance of a solicitor, I have prepared both Applications with supporting Affidavits and Orders sought. At this point I would refer you to the Forum "Domestic Violence" - Topic "AVO for offering mediation". My intentions are twofold in relation to re-establishing contact: 1. To pursue and maintain a lasting and meaningful relationship with my children and 2. To impart to the children medical information of potentially life or death importance. I have read through the FLC & FMC websites and obtained all the relevant forms to be submitted. My question is, how best to procede with the applications so as they may be dealt with as an "Urgent Matter" in relation to the medical information. I have attempted all other avenues so as to impart this information, Health Proffessionals, NSW Police & DOCS etc. and recieved NO assistance. I understand that filing for an Application in a Case has some bearing on my question, however a prolonged period, in direct relation to the respondants delaying tactics would be unnacceptable due to the nature of the medical information.

NB - PLEASE NOTE, I AM A SRL, AND AM ATTEMPTING TO ACHIEVE THE MINIMUM REQUIRED POINTS TO REGISTER WITH SRL-R - MY QUESTION IS GENUINE.
Dalobsta said
Hi all,

I am about to file for Applications in a Case and Application for Final Orders. I have attempted to mediate with the mother and met stiff resistance to discuss the issues. I offered mediation with the expectation that it would be refused and in order to comply with the FLC directions in relation to Family Dispute Resolution.Prior to offering mediation,with the assistance of a solicitor, I have prepared both Applications with supporting Affidavits and Orders sought. At this point I would refer you to the Forum "Domestic Violence" - Topic "AVO for offering mediation". My intentions are twofold in relation to re-establishing contact: 1. To pursue and maintain a lasting and meaningful relationship with my children and 2. To impart to the children medical information of potentially life or death importance. I have read through the FLC & FMC websites and obtained all the relevant forms to be submitted. My question is, how best to procede with the applications so as they may be dealt with as an "Urgent Matter" in relation to the medical information. I have attempted all other avenues so as to impart this information, Health Proffessionals, NSW Police &DOCS etc. and recievedNO assistance. I understand that filing for an Application in a Case has some bearing on my question, however a prolongedperiod, in direct relation to the respondants delaying tacticswould be unnacceptable due to the nature of the medical information.

NB - PLEASE NOTE, I AM A SRL, AND AM ATTEMPTING TO ACHIEVE THE MINIMUM REQUIRED POINTS TO REGISTER WITH SRL-R - MY QUESTION IS GENUINE.

You can still write via the help@srl-resources.com  email, but that quiz is a must.

If you make an Urgent Application regarding medical issues there is a high likelihood the Court would refer it to DOCS. Since you state that DOCS (and Heath professionals and the Police) have not provided assistance why would the Court then treat the matter as urgent? At best DOCS might then re investigate the issue but this is unlikely to be a quick process.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
In relation to the medical information being supplied to the govt. bodies, with the exception of the Health proffessionals, particulars were not provide as they have direct relation to four other individuals, 1 deceased due to condition, 2 living with the effects of the condition and 1 almost expiring due to a gestational period in connection with the condition. In respect of these individuals confidentiality and privacy, details have not been provided to NSW Police or DOCS. Upon requesting assistance from Health proffessionals, they referred me directly to their own DOCS associates. These DOCS reps indicated to me that as a file on my children was not current that they could not take any action, unless I wished to make a report of a child at risk. I was unable to until I recieved information that my children were actively encouraged, by their mother, to pursue an association with a known child sex offender, very recently. When following up the complaint with DOCS, they indicated that no investigation would be taking place, citing a lack of resources. Hense a brick wall in that area. Upon taking the matter to NSW Police, they referred me back to DOCS and explaining to them my lack of satisfaction, they then advised me to seek a solicitor, which I have. Despite explaining the situation very clearly with the support of Health Proffessionals I truly feel that DOCS have filed my concerns and reports under "EX trying to start trouble". I understand they have limited recourses and are extremely overworked, none the less, they have effectively removed themselves from this process and I no longer wish to consider them as part of the problem. When they decide to re-involve themselves, in order to "cover their buts" they will be welcomed. At this point it is clear that my only recourse is to take up the matter legally and submit the appropriate applications. This is getting beyond the point of ludicrous, at the end of the day of course no-one will accept responsibility for a lack of action that could have circumvented any incident that does occur. The question will probably be asked "Why didn't you do something?"……
Agog said
If you make an Urgent Application regarding medical issues there is a high likelihood the Court would refer it to DOCS.

It would appear that this is an action that may well be one of the better actions. Would DOCS being referred to the situation more likely result in an investigation taking place?
G'day MikeT,
Thanks for the advice in regard's to SLR-R, I failed the test the first time today, only 74%. I will research a little and try again later. I would like to get some clearer understanding as to what SRL-R actually undertake in their day to day activities in order to recognise what best I may be able to offer them. I am only 30 points away from min. required. I recognise the substantial value of the resourses they offer.

At all points I have actively encouraged the participation of DOCS in these matters and would certainly still welcome their involvement as it may negate the "Gorilla" tactics employed by the mother, ie HIT (AVO application) and RUN (not attend Mention and flee with the children).
Dalobsta said
G'day MikeT,
Thanks for the advice in regard's to SLR-R, I failed the test the first time today, only 74%. I will research a little and try again later.
The pass/fail is an internal figure. The requirement is only that the test is taken.
Dalobsta said
I would like to get some clearer understanding as to what SRL-R actually undertake in their day to day activities in order to recognise what best I may be able to offer them. I am only 30 points away from min. required. I recognise the substantial value of the resources they offer.
The SRL Resources home page is located in the Community area and you can read about much of the work we do in the public forum responses.

Last edit: by Secretary SPCA


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Have you gone through any formal mediation attempts where the FRC (Or any mediation facility) have written to the mother requesting attendance at same. You will need a formal certificate anyway unless you are exempt under the provisions. There are very specific guidelines under the court rules around "Urgent" applications and if DOCS do not believe the matter is urgent it will need to be a persuasive argument.You should be in touch with the Family relationship center hot line at least as a starting point.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Yes, the Family Relationships Centre was one of my very first stops, some 6 months ago. Unfortunatley as I did not have a current residential address for the mother or our children nor any other point of contact, the FRC advised me that they were unable to assist as it was my responsibility to locate them. After offering an offer of mediation to the mother through her myspace page and recieving a response through our solicitors that she would contest any contact, I now have a point of contact and reason for exemption to mediate as she has indicated that she refuses to do so. So now I am up to the point of filing applications with the FMC and hense my origional question. It now appears that I must rely on allowing the matters to pursue their normal course, despite of the mother's deliberate delaying tactics. I am aware that her delaying will have some impact on a final decision by the court unfortunately it seems that I must endure these tactics first to the detriment of the children.
 DALLOBSTA said:I was unable to until I recieved information that my children were actively encouraged, by their mother, to pursue an association with a known child sex offender, very recently. When following up the complaint with DOCS, they indicated that no investigation would be taking place, citing a lack of resources. Hense a brick wall in that area. Upon taking the matter to NSW Police, they referred me back to DOCS and explaining to them my lack of satisfaction, they then advised me to seek a solicitor, which I have. Despite explaining the situation very clearly with the support of Health Proffessionals I truly feel that DOCS have filed my concerns and reports under "EX trying to start trouble". I understand they have limited recourses and are extremely overworked, none the less, they have effectively removed themselves from this process and I no longer wish to consider them as part of the problem.

Mate, I can offer the following advice in relation to the police and DOCS.  If you are not satisfied with the level of service of either make a complaint. Police have complaint regualtions that they must follow and DOCS will have as well.

I am not a great advocate of utilising media to achieve results in relation to police and DOCS (FSA where I am from) but sometimes they need a gentle shove.

The fact the children are actively engaged with a known child sex offender is a PROBLEM.  Let me just say as a person with experience relating to this, it would be a Police officers nightmare to find out someone on their Child sex offender register is actively around kids.

So again try the Police except try and speak with the ANCOR register officers (australian national child offenders register) or sex crimes branch, they should give you a bit more help.
dcell said
 DALLOBSTA said:I was unable to until I recieved information that my children were actively encouraged, by their mother, to pursue an association with a known child sex offender, very recently. When following up the complaint with DOCS, they indicated that no investigation would be taking place, citing a lack of resources. Hense a brick wall in that area. Upon taking the matter to NSW Police, they referred me back to DOCS and explaining to them my lack of satisfaction, they then advised me to seek a solicitor, which I have. Despite explaining the situation very clearly with the support of Health Proffessionals I truly feel that DOCS have filed my concerns and reports under "EX trying to start trouble". I understand they have limited recourses and are extremely overworked, none the less, they have effectively removed themselves from this process and I no longer wish to consider them as part of the problem.

Mate, I can offer the following advice in relation to the police and DOCS.  If you are not satisfied with the level of service of either make a complaint. Police have complaint regualtions that they must follow and DOCS will have as well.

I am not a great advocate of utilising media to achieve results in relation to police and DOCS (FSA where I am from) but sometimes they need a gentle shove.

The fact the children are actively engaged with a known child sex offender is a PROBLEM.  Let me just say as a person with experience relating to this, it would be a Police officers nightmare to find out someone on their Child sex offender register is actively around kids.

So again try the Police except try and speak with the ANCOR register officers (australian national child offenders register) or sex crimes branch, they should give you a bit more help.
 

DO NOT GO TO THE MEDIA WITH THIS

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Dalobsta,

Have you actually made a 'child at risk of harm report'? If not, you need to do so because you need to get your concerns on 'record'.

As far the 'sex offender' situation goes - I assume you have rock solid evidence of this? Like - the guys name appears of a register of sex offenders? You then must have evidence that he is coming in direct contact with your child(ren).

A speedy, intermediary, solution to deal with the 'sex offender' may be to seek an Injunction preventing this dude having contact with your child(ren). Injunctive proceedings have a relatively short turn-around time. Im not sure if a SRL should attempt Injunction proceedings without professional help. Are you allegeable for Legal Aid? Do you have enough spare cash to pay for representation? Injunctive proceedings should take no more than a day.

Speaking of Legal Aid - have you spoken to them at all? They can always provide free legal advice. I always 'sense-check' my strategy (or the solutions suggested here in this forum by members) with Legal Aid after I have researched things myself. Since they provide free legal advice - utilise this resource as much as possible.

With regards the health concerns, have you voice your concerns with your GP? Your GP may be able to offer a solution. I explained my concerns with regards my daughter to my GP and he picked up the phone and spoke directly to my daughters GP. Or course, you would need to know who your child(ren's) GP is. GP's are aware of available avenues not generally known to the public. They can informally work the 'back-channels'. A letter from your GP to DOC's outlining these concerns, may add weight and make them listen. GP's are a good resource and relatively cheap. Speak to your GP and see where it leads. If you don't get satisfaction, try another. Preferably, a divorced GP with kids.

Your Application in a Case pertains to what?





Last edit: by 4mydaughter


4MYDAUGHTER
Firstly, thankyou for the interest being shown and the advice being offered, I do appreciate any feedback. I feel so alone in fighting on so many fronts and I use ALL feedback constructively.

In response to dcell : Yes mate, I have made three reports of a child at risk combined with an offical complaint to the DOCS complaint dept. Any response I have received has been that an investigation will not proceed and always after I follow up the report. Total and complete dis-satisfaction with DOCS. As I said before, I refuse to acknowledge them as part of the problem anymore and welcome their involvement when, not if, they decide. Similarily, I have made three reports and one witness statement to NSW Police with absolutely no feedback as to if or what investigation may be taking place. Thankyou for the advice re. ANCOR, I will follow this up immediately.

In response to monteverdi : I have absolutely NO intention of approaching the media in relation to these circumstances as I feel this would be massively detrimental for my children. I have attempted to be extremely cautious in presenting any identifying details and only individuals with an intimate knowledge might be able to recognise this situation. I may reconsider this position after the conclusion of all legal procedings - in about a decade yes?

In response to 4mydaughter : Yes, I have made reports of a child at risk, refer above. Yes, I have confirmed, via a helpful NSW Police Officer, that the "child sex offender" is registered on the register. The officer confirmed this by refering to the register and stating to me, "Mr ******, you NEED to continue making reports and complaints". As for evidence, as soon as I was made aware of the situation, I preserved copies from the origional source that has since been deleted. Further this gentleman (loosely), is my ex-wife's second husband - divorced, as the offence occured whilst they were married, the victim - my children's cousin + ex & he share a child and is in regular contact with my own children?????? Thankyou for the advice about an injuction, I had not yet considered this, however, I am considering and looking into an injunction against the ex in relation to making frivolous and vexatious AVO applications and will apply this research to this situation. An excellent suggestion thankyou. I have approached Legal Aid and utilize a combination of a number of free legal advisory services in conjunction with a specialized Family Law solicitor for advice, advice NOT representation, ie pay per question. Another excellent suggestion was the use of my GP, I have an excellent GP, not divorced but has kids, who I know would vigorously assist me in this area. Another suggestion I had yet to consider. To date I have only approached hospital based specialists and I believe this approach has merit and seems to correspond with the suggestion made by miket. My Application in a Case is made on almost exactly the same grounds and Orders Sought as the Application for Final Orders, however seeking immediate contact in order to convey medical information.

Thankyou 4mydaughter, your response is exactly the reason I posted my story, for others with experience to illustrate otherwise unthought of options.:-)

And thankyou to everyone else as well, 99% of the options presented may have been tried but that they were offered may assist someone else reading my story. Keep them coming for one and all if not the sake of my kids…..
I had very similar problems with Child Services in Queensland. I persisted for many months with the we will ring back only to be the one doing the ringing. I raised a Notification in reference to the health of one of my son's. I was told it would be forwarded to the Team Leader who would decide whether or not it would be followed up and that I would not be told of any outcome until the matter was finalised.

As I had documented everything I emailed the Head Office in Queensland and complained about the lack of interest and incompetency of the divisional office I was dealing with.

I was called by a manager the next day. One of the first things she asked me was " Were you informed of our Department's Freedom Of Information process?". I had not been. Within 2 weeks I had the forms which I duly filled in and posted back to Child Services.

I received a letter back last week saying it can take up to 45 days to receive the information, including closed cases. A while to wait but the information is something I need. Surely DOCS must have a similar FOI policy in place for NSW as well.

Give it a try if it is what you partially need. :)
Thankyou for you reply roosters_64,

I have accessed the Dept. of Community Services (NSW) website and found their freedom of information area. Previously I was under the belief that I required the exact titles to any documents requested under FOI. This area had the application form to be submitted to the DOCS FOI dept., requiring only that I identify myself and the individuals detailed in the documents I am requesting. The fee for this application is $30- for 20hrs of research time, $30- per hour there-after. I have prepared to submit this application in order to obtain this information so as to be refered to in my Family Law matters. One obstacle may be that the individuals may be asked if they consent to this information being provided. As the mother of my children would obviously be detailed within the documents, her permission would be expected to be refused. None-the-less I will still submit the application as the individuals, whose information that I require, are my children, any information about their mother would be of little coincidence, however interesting.

Thanks roosters_64.

To any that are following my posts, I refer to the forum "Domestic Violence", Topic "AVO for offering mediation". I have attended the mention of the matter and it has been listed for hearing. Some important points to note about the mention are:

Interim Orders were requested but denied due to my employment status and the impact an AVO Interim order would have on my ability to make a living.

Alternatively, the Magistrate requested that an Undertaking be made by myself. Niether the prosecutor or myself were happy to do so, but the alternative was an Interim AVO.

The Magistrate noted, to the prosecution, that this matter was a Family Law Matter and was confused as to why NSW Police would present the application.

The Magistrate further noted in his reason for not making an Interim AVO order that "there are no allegations of threats, harrassment, intimidation, physical violence or damage to property, it seems that all there is, are unwanted communications".

***To the Moderators - I am unsure if this last post is allowable, as the matter is continuing. Any editing or reposting in the appropriate area would be appreciated.***

Last edit: by Dalobsta

You are somewhere near a place I was 6 years ago with my ex trying everything to keep me out of my daughter's life. One thing I can see coming from you is the pain you are feeling over this whole affair.

Whilst I share your concerns for the safety of the children I am concerned that you have not been able to show the relevant governmental and legal bodies enough evidence to have your matter heard urgently. Surely the mother also knows of this medical condition and is also making decisions about whether the children should know or not. Also, if you have a life threatening condition is it wise to make your children witness to it? Not wanting to offend but you may be seen as exaggerating the medical urgency or sex offender issue as a means of 'jumping the queue' so to speak. The Family Court has a very narrow view of grounds for exemption from Family Dispute Resolution (FDR)

You said 2 things…….she's hiding her whereabouts and that you weren't granted interim contact orders because you don't have a job?……(not sure I understand that one properly)….I was also at that time in the same situation of not having a job and having my ex hide her whereabouts. This was the low point in my life as I had no resources and no support person………You haven't made mention of a support person but you need one for this sort of thing. Use this site as a support person and try to remove negativity from your feelings toward your ex and focus on your feelings toward your children.

Step 1. Get a job. It will change everything for you for the better. Having a job got me a new computer, internet access, and 2 private investigators. It also got my child support in the black which is where it should be.

I used to run around to everybody going 'it's not fair' and felt cheated that society deemed my daughter to belong to my ex and not me. A few visits to the Family Court taught me that I was standing in the stone coldest most emotionless place there is and that my feelings about things weren't part of the agenda.

Try a different tack. Get a year's worth of FDR organised. Be really nice to your ex no matter how you feel. It is reasonable of you to have contact with your kids so just put forward reasonable suggestions for contact. If your ex is anything like mine she doesn't want her lies to the children found out, so she will do anything to stop you seeing them…..period.

If you offer to cover the cost of contact and make every effort to do it in a way that doesn't interfere with your ex's life, then she has no argument for not allowing it to happen. Don't get diverted by showing that your ex's associates are sex offenders. Don't bother trying to make your ex look bad, just make yourself look good. In that way, when you finally get your day in court you'll look good.

DALOBSTA SAID: Yes, the Family Relationships Centre was one of my very first stops, some 6 months ago. Unfortunatley as I did not have a current residential address for the mother or our children nor any other point of contact, the FRC advised me that they were unable to assist as it was my responsibility to locate them. After offering an offer of mediation to the mother through her myspace page and recieving a response through our solicitors that she would contest any contact, I now have a point of contact and reason for exemption to mediate as she has indicated that she refuses to do so.

Unfortunately, you still don't have grounds for an exemption from FDR. MySpace isn't the place to get a certificate for exemption, FDR is. FDR must be given the opportunity to contact your ex in writing and give her time to respond. A timeframe will be alotted for you both to come to a workable and amiable arrangement. If you haven't sorted it out by then, then you will be granted a certificate and then 'yes' you can proceed with your application.

Pariah ;)

Last edit: by pariah

Thanks for your reply Pariah,

Your comments seem to be very sensible and I am taking alot of your points into consideration.

If I may respond in this manner. I'm not sure where you got the impression that I was unemployed? The ex was granted an ammendment to the origional Family Law orders in 2001, in my absence, whilst I was over-seas. Since having avoided all attempts to rectify this. The orders were made that I have no contact. Thankyou for your concern in this area.

Yes I do feel alot of loss and grief in relation to this situation, however I am achieving a sense of dis-association from these emotions in order to view the situation objectively.

The issues of the medical condition are associated with early diagnosis at birth and correct treatment, relating to my children's offspring and themselves during gestation. This is a definate issue with substantial evidence. I do recognise your point about 'queue jumping' and this may indeed be pertanent.

The issue of the sex offender is real and immediate as evidence seems to point to a long term grooming process. There are factors that may negate action being taken, ie my children's sibling being the child of the sex-offender.

Thankyou for your advice about councelling and complaining 'it's not fair', I believe that I have overcome this stage of the loss proccess some time ago and am endeavouring to take action, seeking general advice and direction for individual issues.

I think you have hit the nail on the head about the ex's wish for me not to have contact and a revelation of the mis-information she has portrayed to the children. The proposed course of action you suggest has alot of merit. The immediate obstacle is to achieve initial mediation, all indications are that this will not occur as she has to date refused to participate.

You are correct, as I have since discovered, that I am not elligable for exemption due to her refusal to accept an offer for mediation through her myspace page. You are correct that a registered FDR provider must conduct this entire process.

This is where it gets confusing in respect to FDR providers. I have since contacted a number of providers in order to obtain a certificate. None are prepared to issue one in the current situation, citing 'mediation unreasonable'. They are prepared to initiate mediation if an Interim AVO or Final AVO was in place, however as an Undertaking is in place and the matter has not concluded, ie dismissal or ordered, they are unwilling to proceed. Leaving me in the interesting position of having to conclude another AVO matter and risk her fleeing again.

Given that this is now the current situation, I believe your direction to the mediation process, focusing on my attributes and not highlighting her failings is exactly the course to pursue. If she does again flee, I believe that there is recourse and exemption at the point of application to pursue the matter and will proceed when and if this occurs.
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