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Order - Manager of Mediation

Hi all,

I came across the following Order in a judgement that I may seek, but I dont fully understand it.

"Pursuant to section 65L of the Family Law Act 1975 these parenting orders be supervised until 1 March 2009 by such counsellor as nominated by the Manager of Mediation to give any party to these orders such assistance as is reasonably requested by that party in relation to compliance with, and the carrying out of the parenting order."

Who or what is the 'Manager of Mediation'.

4MYDAUGHTER
I'm not sure if it is still the case, as family consultants recently went freelance. Previously, each courthouse had mediators attached to it, with a manager in charge of said mediators.

So, those orders indicate that the manager would nominate an officer to act as an umpire in their communication for a period after court.

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This Order was made by a Judge in a case earlier in the year as a result of a final hearing.

And with all the compliance issues I have had with the Mother it makes sense to establish this third party framework.

The Final Hearing next week is only the end of 'Round 2'. I can see the Mother taking me 'round the block' again.

Until now, the contact centre has been the 'independent' 3rd party recording and observing. Aside the obvious advantages, having a independent 3rd party monitoring the next phase would be helpful should we need to go back to court.

I'll ring the Family court today and ask who the 'Manager of Mediation' and what they do.

Update at 2:30pm

Further to the above.. this is what I have discovered

FAMILY LAW ACT 1975 - SEC 65L

Family consultants may be required to supervise or assist compliance with parenting orders

             (1)  If a court makes a parenting order in relation to a child, the court may also, subject to subsection (2), make either or both of the following orders:                     (a)  an order requiring compliance with the parenting order, as far as practicable, to be supervised by a family consultant;

                     (b)  an order requiring a family consultant to give any party to the parenting order such assistance as is reasonably requested by that party in relation to   compliance with, and the carrying out of, the parenting order.

             (2)  In deciding whether to make a particular order under subsection (1) in relation to a child, a court must regard the best interests of the child as the paramount consideration.

Note:          Sections 60CB to 60CG deal with how a court determines a child's best interests.



Update at 3:54pm

I have been advised by the Family Court the position of 'Manager of Mediation' no longer exists and same role is currently performed by the newly created 'Manager of Child Dispute Resolution Services'. I then spoke to the 'Manager of Child Dispute Resolution Services' and she advised that the above Order made by Fowler is rare - I presume she does not what the extra workload!

Moderator Note
Parts of this post have been removed to comply with Section 121

Last edit: by 4mydaughter


4MYDAUGHTER
4MD,
Im my experience  65L Orders have traditionally been used as a method of obtaining further evidence of the interaction between children and a parent during a visit. It is a supervised visit, usually at the court, which is observed by a court counsellor and then evidence is given of the observations. This is not the only purpose of the section, but it is common.
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