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Affidavit in support of Contravention Application - Use of evidence from the children.

I'm an SRL and currently completing my affidavit to be filed with my Contravention Application (orders relating to the children).

I have a couple of annexures which detail letters purported to be authored by the children, but the language they contain is obviously from an adult.. and then written down by the kids.  These two letters are a major part of my evidence that the Orders have been breached (basically the existing orders were re-written by the kids, and then signed).

The rule seems to be that you should never put 'letters or statements from your children into evidence under any circumstances'  (see one of the references I found below).. and I totally understand that, seeing as they are children and cannot go to court.

My query is whether there are exceptions to this premise.. and in this circumstance, the evidence should be included?
(obviously trying to write this without too much detail).

Ref:
http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/my-ex-partner-isnt-following-the-court-orders-about-our-children-what-can-i-do/your-contravention-application
 
I have a similiar situation, however my ex's husband is assisting my 12 yo to write emails to me requesting agreements which would supercede Family Court Orders and unless I agree, no contact will take place. I think what he is doing is emotional abuse and I should include such emails in my affidavit.

My main question is how does a child turning 12, change contravention of Orders and reasonable excuses?
If the child now wants to come once a fortnight instead of 3 nights because her Mum does her hair better for dance, she has to pack her formal uniform if she was to come to me on the Sunday night, she's having her period, or I've filed an application in court, so I'm not coming over until its been dealt with"  etc are now reasonable excuses because that's what the child wants?

Last edit: by OneRingRules

@MEJ - if you do include the letters from the children, then don't express an opinion that you think that the letters were written by someone else. There was a good example about how to word a statement for example, drunkenness, without actually saying they were drunk. Maybe you could say something along the lines of the letters being in your child's hand writing but that they don't match you child's vocabulary. I am sure that someone more learned than me can answer this for you.

@mickkkky - the same could apply to you. Don't voice your suspicions about the stepfather assisting the child to write the emails. (How do you know for a fact that this is actually happening? You can't make assumptions about things that you do not see.) I think you would be better off to start an independent post, rather than tagging onto this one.

>> if you do include the letters from the children, then don't express an opinion that you think that the letters were written by someone else.

This is an excellent point that I wish to emphasise.

It is important to let the Judge make their own conclusions about the evidence. Judges typically don't like to be told how to think, so you have to lead them to a conclusion without actually telling them what it is.

Thank you for your guidance and advice.  Application has been filed.. and yes, ended up just stating the facts as I knew them, and left it for the Judge to form their own opinion decision.  (have had the first hearing - and got the child inclusive conference under Section 11B that I wanted).
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