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Conflict of interest? Family Reporter

Hi all

Without being too specific (because it would reveal identities) I have a strong feeling that, somewhere over the last x period of time my ex has had a professional dealing with the family reporter. They both work in the same field, they both work in the same area…. Think of it as a psych - mental health nurse kind of meeting and you are on the right track…

I have no idea at all how to go about proving this……. I am a very logical person and i can see no other reason why the family reporter FULL ON lied in his report about what i said to him (he really did)…….

Of course i could be wrong, I could have actually said all the things he claims and i could have had a major memory failure about one of the most important interviews of my life………. but i am pretty sure i have not had that memory failure……

I feel the "cause" is there what do i do?

Heres what i have come up with so far

1:A letter to the ICL outlining my concerns and asking for clarification

2:A letter to the family reporter asking for ALL the relevant " geographical and department areas" he covers in the course of his work

3:A letter to the "other side" asking for a list of all the relevant " geographical and department areas" my ex has worked in

4:All three

5: Some kind of subpoena

6: waiting for final hearing

7: doing nothing

Im not messing around or clutching at straws here….. i really do believe this to be the case……. logic tells me i am right….. no other variable fits…. and if i am right, surely this would be a conflict of interest… Dont get me wrong,  Reporters form their views and make conclusions, im happy with that, i can challenge those reccomendations in court with real evidence…. but when someone in that positon has been downright dishonest.. logically, there HAS to be a motive behind it…..

I am of course still preparing all the other stuff i have to to defeat this report, This is just a side issue, but if provable, would surely be a major issue

I read the thread where the ICL was dismissed because of a tenuous link between her and the judge…….

any advice would be greatly appreciated


thanks

Last edit: by gooner


They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Gooner,

Your suspicions and concerns may or may not be valid.

I think your interests are better served by you directing your energy and focus on the core issues. Pick your battles wisely.

For an SRL - getting the basics covered properly is more than enough for anyone.

4MYDAUGHTER
As I understand the situation it would be necessary to establish that on the balance of probabilities a link would need to exist. There is no substitute for evidence. A pattern of behaviour can constitute evidence. Establishing as to whether any phone communication has occurred might be known from subpoened phone records.

If you can establish the link in any form between the report writer and the mother during cross examination there could be grounds for having the report excluded can be argued. It is common for experts tohave their notes with them in court. In questioning the awareness of the report writer at that time of knowledge of the mother is a late strategy. Any documents which links them is very useful. Consider looking for names at conferences and similar events.

The order in which the letters you propose to send might be further considered. Giving notice to the expert might trigger a defence from the mother. Once that defence is established it becomes more difficult to fracture the story. Questioning the mother about knowledge of the report writer in the wiitness box, then a similar question to the report writer, using the element of surprise could be considered.

As you mention it is a side issue. Give it proportional time in accordance with priorities.

Putting preparation into anticipating the case put by the other side and establishing factual arguments which rebut could be a better use of your time.

Ensuring you have documented evidence to substantiate your facts to be relied on, and, writing your affidavit so as to bring oral statements into play is a good use of your time.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
Gooner,

You are entitled to ask an Expert Witness answer to specific questions within a certain time frame.

FAMILY LAW RULES 2004 - RULE 15.65

Questions to single expert witness

        (1)         A party seeking to clarify the report of a single expert witness may ask questions of the single expert witness under this rule:


        (a)         within 7 days after the conference under rule 15.64B; or


        (b)         if no conference is held, within 21 days after receipt of the single expert witness's report by the party.


        (2)         The questions must:


        (a)         be in writing and be put once only;


        (b)         be only for the purpose of clarifying the single expert witness's report; and


        ©         not be vexatious or oppressive, or require the single expert witness to undertake an unreasonable amount of work to answer.


        (3)         The party must give a copy of any questions to each other party.


Note    A party may cross-examine a single expert witness (see rule 15.50).

4MYDAUGHTER
verdad said
As I understand the situation it would be necessary to establish that on the balance of probabilities a link would need to exist. There is no substitute for evidence. A pattern of behaviour can constitute evidence. Establishing as to whether any phone communication has occurred might be known from subpoened phone records.
I have subpoenad phone records, but i have not been allowed to view them and was told "argue at final hearing to see them" I dont think they would show anything in relation to this, I think this is more of a " I have seen you around the tracks and someone has had a word in my ear": kind of situation rather than her calling him on the phone


verdad said
If you can establish the link in any form between the report writer and the mother during cross examination there could be grounds for having the report excluded can be argued. It is common for experts tohave their notes with them in court. In questioning the awareness of the report writer at that time of knowledge of the mother is a late strategy. Any documents which links them is very useful. Consider looking for names at conferences and similar events.

  ive done the google thing and cant find a link…….. it really does make perfect sense of the report though that they have met or have a mutual aquaintance……….Would this link be sufficiant…….. say……… he worked for roving mental health service units assessing people in hospital and/or jail……… and she works in one of those "areas" as a nurse……. for example……. she worked at rozelle hospital as a nurse (she of course does not), and he occasionally did assessments there………..


verdad said
The order in which the letters you propose to send might be further considered. Giving notice to the expert might trigger a defence from the mother. Once that defence is established it becomes more difficult to fracture the story. Questioning the mother about knowledge of the report writer in the wiitness box, then a similar question to the report writer, using the element of surprise could be considered.

  In essance this means shut up now and question them on the stand? i already have heaps of questions for the family reporter……. is it acceptable to question to try to deduce a link? I dont really understand… sorry ;-)

verdad said
Putting preparation into anticipating the case put by the other side and establishing factual arguments which rebut could be a better use of your time.
  I KNOW what she is going to say (i think),  she is going to parrot the family report (she will literally repeat it word for word id say)……. say how in love she is with her new man,(that stands to reason) talk about how i undermine her parenting (no basis on fact)…….and…… go on about communication between me and her……………….. there are a couple of new variables i think she might try to pull……..maybe moving away from the area or getting married….. but that aspect, at the moment, is all guesswork…………I guess i have to cover EVERYTHING, to be safe rather than sorry

verdad said
Ensuring you have documented evidence to substantiate your facts to be relied on, and, writing your affidavit so as to bring oral statements into play is a good use of your time.
  Ive hit a real brick wall this week……… went to view the file and make notes but my system was hopelessly inadequate for all the information that was there……. ………. Im going to request copies of the documents subpoenad next week, I spoke to the registrar who said it should be all good as long as i didnt request DOCS documents…. I think having most of the stuff at home will be a lot easier…….

Also, frustratingly, i found i could not read the notes written by docrtors in other subpoenad material….. their handwriting was hopeless!!!

not a good week for advancement. I feel a bit lost…….. no cohesion for a few days….. plus this "he might know her": thing is eating away at me….

4mydaughter said
Gooner,

You are entitled to ask an Expert Witness answer to specific questions within a certain time frame.

  I well and truely missed that boat 4my!!!



thanks again everyone

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

4mydaughter said
Gooner,

You are entitled to ask an Expert Witness answer to specific questions within a certain time frame.

FAMILY LAW RULES 2004 - RULE 15.65

Questions to single expert witness

        (1)         A party seeking to clarify the report of a single expert witness may ask questions of the single expert witness under this rule:


        (a)         within 7 days after the conference under rule 15.64B; or


        (b)         if no conference is held, within 21 days after receipt of the single expert witness's report by the party.


        (2)         The questions must:


        (a)         be in writing and be put once only;


        (b)         be only for the purpose of clarifying the single expert witness's report; and


        ©         not be vexatious or oppressive, or require the single expert witness to undertake an unreasonable amount of work to answer.


        (3)         The party must give a copy of any questions to each other party.


Note    A party may cross-examine a single expert witness (see rule 15.50).
  This is a useful rule and is not used often enough.

However at risk of being a bit pedantic, can I point out that this rule (and for that matter any of the F L Rules) may not help you much in the Federal Magistrates Court. Many FMs are quick to point this out to legal reps and SLRs who quote sections of the FLRules to them.

 In the FMC the rules are Federal Magistrates Court Rules 2001 and as far as I am aware there is no equivalent rule on questions to a single expert.

And now for the disclaimer….I confess I haven't looked at the FMC Rules lately so one or more of my learned friends is bound to find something in there to contradict me.
Gooner, do you still have a final affidavit to file with the Court?
If so, why not devote a section within that to the issues of the family report? If done I think you can file an amended affidavit to the 1 already filed, not the best of practices but?

Where you say the report writer got it wrong refer to evidence and other affidavits if possible that is the purpose of that affidavit, to put evidence to the Court that can cause an issue to become uncontested and define the issues the Court needs to concentrate on.

It is more important to correct the misinterpretation of what you said (which will probably be what is claimed) rather than claim a deliberate misreporting of what you said, the RW's notes are open to the RW's interpretation and jogging of memory not a proper record of what was said.

I too suspected collusion between my Ex and the Report Writer (RW). e my Ex makes statements to the RW of Court Orders that did not match the Orders the Ex claimed were the Orders of the day. Copies of the Orders of the day were in the hands of the RW but the RW made statements as if my Ex's claimed Orders were the Orders of the day.

I had to admit it could have been the ICL who instructed the RW on what to find and how to justify it. The ICL had done other actions and made unsupported statements to the Court that support it was the ICL.

Not to helpful hence, what others have said, and you can see how it could and has wasted a lot of your time better spent on other things.
No-Justice said
Gooner, do you still have a final affidavit to file with the Court?
If so, why not devote a section within that to the issues of the family report? If done I think you can file an amended affidavit to the 1 already filed, not the best of practices but?

Where you say the report writer got it wrong refer to evidence and other affidavits if possible that is the purpose of that affidavit, to put evidence to the Court that can cause an issue to become uncontested and define the issues the Court needs to concentrate on.

It is more important to correct the misinterpretation of what you said (which will probably be what is claimed) rather than claim a deliberate misreporting of what you said, the RW's notes are open to the RW's interpretation and jogging of memory not a proper record of what was said.


  no justice

Thats what i am doing, ansewring and rebutting every single word, on a word for word basis…….

At the moment its final affidavit 30 pages, with family report challenge and correction…… maybe it will reach 300 pages!!!!!

Almost every word he says, the style he writes in, and the assumptions that are made are challengable…. I gave up earlier in the week as i was only on page two of the report and already had pages of anomolies… I can see it being by far the biggest section in the affidavit…..

its almost as if he wrote the report with the intention of making it so fake and full of fantasy that is is BOUND to fail….. a big call i know….. but its just so wrong on all levels

to be honest it winds me up reading it, so i can only do it in short bursts…..

thanks ;-)

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Gooner,

I am sensing that you are misinterpreting the Report.

You need to be on guard that you are not reading into the Report meaning which is not intented.

I am not convince that you are in a fit state of mind to process information properly.

If you are in the wrong state of mind, you could interpret anything that is written as a personal attack. Especially if you have self-esteem issues? Do you have self-esteem issues?

Also, you need to cut the Report writer some slack! They can't recall and report on everything that is said in an interview word perfect.

I am not having a crack at you here.

When I first read our Expert Witness report I flipped out. A month or so after that I read it again and got my head around the opportunities that were presented therein.

Last week, 6 months later, I picked up the Report again and read again. I swear there is stuff in there that I did not pick up on the first two times I read it. Found gems of stuff.

What changed? I have been chilling out for the last 4 months. More relaxed. Sleeping better. Not anxious or stressed.

Give yourself some time to process the report because I bet in 3 months time you will have a different perspective.

Last edit: by 4mydaughter


4MYDAUGHTER
4mydaughter said
Gooner,

I am sensing that you are misinterpreting the Report.

You need to be on guard that you are not reading into the Report meaning which is not intented.

I am not convince that you are in a fit state of mind to process information properly.

If you are in the wrong state of mind, you could interpret anything that is written as a personal attack. Especially if you have self-esteem issues? Do you have self-esteem issues?

Also, you need to cut the Report writer some slack! They can't recall and report on everything that is said in an interview word perfect.
 
sorry 4my, 100% wrong on EVERYTHING you say about me there,  I can assure you there is no "misinterpreting"  i can assure you my mind is 100% fit and focused…. ive read the report….. i know that it is how i say it is (so do others who are trying to help me!)

I am not surffering from low self esteem, i will NOT be cutting any slack to anyone who spreads false rumours and lies! (FR)

not a lot  i can add to that really

thanks

;-)

Last edit: by gooner


They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Gooner,

How can you say your mind is 100% fit when you have just said,…

"to be honest it winds me up reading it, so i can only do it in short bursts….."

Thats says to me you are getting angry? Or am I wrong?

Do you think you are processing the report constructively in an angry state of mind? OF COURSE NOT!

4MYDAUGHTER
4mydaughter said
Gooner,

How can you say your mind is 100% fit when you have just said,…

"to be honest it winds me up reading it, so i can only do it in short bursts….."

Thats says to me you are getting angry? Or am I wrong?

Do you think you are processing the report constructively in an angry state of mind? OF COURSE NOT!
  I am not processing the report in an angry state of mind! when it winds me up…… i STOP!!!! I do something else, then i come back to it at the right time

What i am saying is that, in order to keep my 100% fit state of mind i only look at the report in small doses……. we ALL get angry mate, its a part of life… in fact, if i did not………. it would be the sign of an unfit mind!

if anything, controlling my exposure to volatile elements shows just how fit my mind is….. trust me, if you knew the history and had the report in front of you, you would agree with what i say

i am fighting fit and mentally stable!

but i dont need to justify myself on an ongoing basis……. i speak the truth

thanks

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

I can appreciate what you are saying because the FR that was written against me, reported the MMPI-2 test indicated I was less honest than my Ex. When I finally got the test results the scores showed my Ex should have resat the test not less than 7 days later because she was so dishonest, the test was classed as "probably invalid".

This still gets me today, That a Report Writer can make such false statements in a report that is so important, it makes a mockery of the justice and FR system.  

I can only suggest you put each of the issues you have with each statement into a list of seriousness and or detriment to you and group of the ones you can dismiss with a single statement of "I disagree with what the Dr has reported at lines __ of page __ and lines __ of page__". These you can address at cross while he is a witness, that would reinforce what you have put in your affidavit. If you are not careful you will run out of time.

If you put toooooo much in your affidavit the Judge or FM will get lost.
I dont think you underestimate how much effort has to go into dismiss an appointed counselor or reporter. In my case it took a barrister and some careful questioning by him and illustration of how wrong she was to have W***DY s****S removed form the family court - even though everyone knew how biased she was.

I wasn't in there to see it but when the my laywer's assistant came out she said 'we got her' with great glee - finally ridding the family court of that woman.

 Maybe I am not explaining myself well enough
Judges don't necessity follow the opinions or recommendations of a Reporter - especially if it is demonstrated that thieir findings are reliant upon questionable research and mis-fact.

You haven't got a problem - you have been handed an opportunity.

Make use of this opportunity wisely.

4MYDAUGHTER
4mydaughter said
Judges don't necessity follow the opinions or recommendations of a Reporter - especially if it is demonstrated that thieir findings are reliant upon questionable research and mis-fact.

You haven't got a problem - you have been handed an opportunity.

Make use of this opportunity wisely.
 

Oh i will 4my, if i defeat this report, the other side is left with absoutly nothing at all, a big statement i know but its true!

Saying it is an oppertunity is correct, but its still one i could have done without!!!

The report is so misleading that, if he said some of the things he said outside of a protected report, i would have a strong case for suing him….

;-)

thanks

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Gooner,

I still advocate caution… however.. what about running you concerns past the relevent professional/governing body that regulates the report writer?

I wonder what affect that might have.

4MYDAUGHTER
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