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Disclosure

The other parties refuses disclosure requests. What next?

I am having great difficulties getting disclosure from the other parties.

I seek to discharge the ICL. His response affidavit alleges serious discreditable misconduct against me, namely, that I have been secretly recording the Court, the ICL, practitioners, the mother, the child, etc… to seek an injunction

When I complained in Court that the allegations were fanciful and without the slightest foundation in breach of his paramount duty to the administration of justice the mother's barrister supported him by claiming she had made a complaint - hitherto unknown - to the court against me for "strange behaviour"

I know these are fabrication. Further, that there is an ulterior purpose behind them. The ICL expected he would be discharged. In retaliation he colluded with the opposing counsel to have admitted into evidence the mother's illegally obtained secret recording of the Court ordered phone conversation with the child.

For the review application on 6/4 I have sent 5 requests for disclosure of the "complaint" to the mother's counsel citing rules 1.04, 13.01, 13.07-09, 13.20. She acknowledged receipt but nothing more.

Similarly, the ICL has ignored 6 requests to disclose the names of "former ICL's, practitioners and other professionals" who he relies on to have alerted him that I secretly record everyone and everything.

I have asked orally for an order to disclosure which was ignored.

I am thinking the mother's barrister is not a party and therefore a subpoena to her to produce the complaint might work.

Any suggestions appreciated.
Did they record you? What was said in the conversation?

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Thanks for response Wolf

No, they (ICL's, SEW's, practitioners) did not record me nor I them. I said in Court I thought the ICL had mistyped father for mother. She is the one who secretly records everyone & everything and there is a documented history of this behaviour in affidavits going back years.

She must have something. I suspect it was the call when I unfortunately vented to the child after the mother had police threaten me with criminal charges and IO - more fabrication. However, that was 2 months after she had contact stopped as the child's wish - 6 weeks after child turned 12yo.

I would argue the mother is equally responsible for abuse by subjecting the child to verbal abuse to record it.

I didn't want the recording admitted. She has no other evidence. However, it seems to be doing so much damage I'm thinking I should seek disclosure of it to deal with it.
I meant did the ex record you, which she obviously did hey?

srldad101 said
She must have something. I suspect it was the call when I unfortunately vented to the child after the mother had police threaten me with criminal charges and IO - more fabrication. However, that was 2 months after she had contact stopped as the child's wish - 6 weeks after child turned 12yo.
 You have been a member of FLWG since 2007 .. a year longer than  i have been in one way or another Why did you do this? Surely you know its Its case suicide??

srldad101 said
I would argue the mother is equally responsible for abuse by subjecting the child to verbal abuse to record it.
 How does that argument work? it is doomed to failure. YOU made the call, YOU said the words and no amount of justification on what others might have done will help you. What exactly do you mean by "subjecting the child to verbal abuse by recording it" anyway? as this makes no sense whatsoever.

srldad101 said
I didn't want the recording admitted. However, it seems to be doing so much damage I'm thinking I should seek disclosure of it to deal with it.
More than "damage" i bet.. so you are going to try to get out of it by filing all kinds of paperwork and that will work how?  It does not change the fact that you did it…..That is not "dealing with it" that is trying to workaround a very poor decision.

Sorry, this might not be what you want to hear but you have ZIP chance of covering this up if its out in the open the way you claim it is  (and that is what you are trying to do) and even if you did manage to get it "hidden" the people who HAVE heard it will form opinions from it and use those opinions against you.

Even worse is that no reasonable person would assume its a one off.. like the only time you did it, you got busted.. that does not happen in real life and the assumption will be that you do it at other times you have not been "caught" (and you have been severely caught)

Much better to fess up, own your mistake and say you have learnt from it and never ever ever do it again. The more you try to justify, the bigger hole you will dig for yourself.

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Yeah, I've noticed in caselaw that the mother always seems to get the recordings admitted whereas the dad's are always illegal and "the father's decision to record her conversations with B is appalling behaviour demonstrating a failure on his part to recognise appropriate boundaries and is a clear example that he will do whatever he takes to win"

Nevertheless, it was situational not dispositional behaviour and it is evidence after the fact - she stopped contact and now seeks to justify it with a recording made 2 months later. And it was one off.

I should not have made the call an hour after the police called but thought I could control myself and comply with the court ordered telephone call. It is the only contact I have after 9 years of shared parenting. This is the child's supposedly mature wish. At the  end I asked child if she wanted to see me and she said no. Lost it.

Still it does not justify the ICL lying in court to get it admitted. He has a statutory obligation to act impartially. He colluded with the mother not only to get the material admitted but also to keep it hidden from me. He further disregarded the court regulations to refuse disclosure of the complaint and provide the information needed to defend it.

And it goes further, he setup the court ordered psychiatric report of the mother to prevent a diagnosis of any disorder. He unilaterally appointed his psychiatrist and prohibited any information being submitted in breach of rule 15.53(3). I withdrew and cancelled the appointment. He bulldozed it through  anyway without my knowledge or consent or documents. I found out 2 weeks later.

This was after the family report was cancelled for similar bullying behaviour.

I will make a go of it. Have to, the mother is sociopathic, paranoid delusions, fixed false ideas that she is protecting the child - that's why the psych report was so important. She been repeating the same malicious and unsupported allegations for 10 years. Her delusion is inducing the same pathology in the child. Child self-harming. Transgenerational history of transmission of mental illness requiring psychiatric intervention. Grandmother, mother, eldest daughter all had psychiatric intervention. Information not provided to for her psych assessment. I will seek a non 12A trial with  rules of evidence in effect.

"The ICL cited other reasons for the 11yo child's rejection of their mother, including a one-time argument between the daughter and the maternal grandmother in which the mother chose not to intervene, the mother's failure to attend the child's extracurricular activities, and the child's dislike of the mother's boyfriend. The Appellate Court did not find these reasons compelling….When compared to the gravity of ending a parent-child relationship, the reasons are trivial. "

Is there anything I can do to force disclosure? Not being able to issue subpoenas to a party and being SRL to have to seek leave of the court is a real problem.

moderator: might have to delete this later.
srldad101.  So after some backtracking (and clues from posts) I found your most recent judgement.  Obviously went on and read all previous judgements after that.  Bit messy!  

In terms of the most recent judgement however, at least according to the reasons (while I know it was not agreed by His Honour), if all is as you say then I tend to agree with you in part that the ICL might not exactly be acting completely impartially (especially in terms of his communications with the 'expert').   Seems however in spite of the non agreement by Court in this regard that there was definitely a hint that 'conflict' might still be something wise to raise in other proceedings?  Not sure how that panned out.  

As you know having an ICL discharged is almost impossible.  

Would be interested to know why you cannot subpoena experts correspondence with ICL?

My thoughts are however, that even if you were right in this instance and the ICL was discharged, that given the long history of litigation and surrounding circumstances that it might well be that the Court now just wants the litigation over with once and for all.   I realise this does nothing in terms of you being able to see your daughter.

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
srldad101 said
… the mother is sociopathic, paranoid delusions, fixed false ideas that she is protecting the child - that's why the psych report was so important. She been repeating the same malicious and unsupported allegations for 10 years. Her delusion is inducing the same pathology in the child. Child self-harming. Transgenerational history of transmission of mental illness requiring psychiatric intervention…..

srldad101, if you haven't already, have a look at padchildress - YouTube

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