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The correct answers

There is some debate on whether the ICL is technicaly a party to the case. The Absolutely "True" answer is "No" The ICL is to be treated as if they were a party to the case by all parties, and must follow all Directions, but they are not a "Party" to the case - (Pity - no more ICL bills)

Yes - you can apply to a local court for Final Orders by consent - and the Local Court has the power to make the order. A local court cannot make orders on contested Parenting issues (Usually Time or Responsibility)

No - The ICL does not have to "Consent" to any agreementt the Parties (Parent) may reach. In fact the ICL may oppose the making of consent orders. That does not alter the power of the Court to make the consent orders anyway, subject to the test "Best Interests of the Child". Following on from that point - A court has the power to make any orders (Within the confines of the Act) based on the best interests test. This can mean that the court will refuse to confirm an agreement made by the parent. This situation doesn't happen very often, the usual response of the court is to congratulate the parents on their agreement, but on a few occasions, court have refused to make the orders agreed to by the parties and has made alternative orders instead.

The reality is that if the parents genuinely agree on an arrangement they can pursue it and the court will never know, nor be interested, unless one of the parents lodges an subsequent application, whether it is for new orders or for a contravention.



The only group that might be interested is the relavent Child Protection Authority where a child is considered to be at risk.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
What is an ICL?

it would help us newbies if you experienced dudes did not speak code.

Last edit: by MikeT

An ICL is an Independent Children's Lawyer (used to be called a Child's Representative). The way to find out many answers to such questions is to click on Web Guide in the menu bar and then look in the Glossaries the links to them are on the left hand side.

Where to find all the Answers

Guest said
What is an ICL?

it would help us newbies if you experienced dudes did not speak code.
  Thats the entire point of the Family Law Web Guide - to bring as much of the information needed to gain a workable understatning of your own situation.

After reading a few posts in the SRL-R are, the meaning of "ICl" would be clear. There are also many documents on the site which explain and discuss a huge range of issues related to Family Breakdown, mediation and the Courts.

If you have a question - Ask it - most will get answered. Read through the site as well - You will learn much.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
I did the test too, and failed….Rather annoying actually as I'm WA - the family courts are different. I will have to self represent at trial - but how hopeless am I !! I cant even pass the test to get information.


Less Ad. Trial - in December….and I'm bl**dy scared! and I have an aggressive ILC, who I've had the pleasure of 3 meetings with. Just waiting on the second family report to be written up. I've spent a fortune with lawyers already, and just can't afford legal representation at trial. How do I get info about self representing if I can't get into the portal ??  
Bec B, I don't think the SRL-R guys expect many to pass the test, rather my understanding (this may well be corrected by the SRL's) than to partly ascertain what sort of level a person is at and also partly to see if they are willing to help themselves as the SRL-R's are about assisting people Self represent, not doing the representation.

Bec B you have your 125 points so if you haven't yet, join the SRL group and you may well get much needed advice and help and guidance.
Thanks for the reply Mike T xx

Much appreciated. I'll look into that, I'm capable of self representation, (2 of the child dispute conferences, I self represented) I just don't want to make a fool of myself in the process, Thanks again Mike  
Hi BecB, MikeT is spot on.

The purpose of the test is not so much pass/fail, it is to see where you have weaknesses in understanding law and sometimes difficulty people have in expressing themselves or in their comprehension skills.

It is "open book" you are allowed to google. This is partly teaching you to look for answers of your own bat. People remember things more effectively when they are learning as well as being told information.

Someone will respond soon. SRL Execs are a busy lot, helping lots of people. Hopefully it wont be too long.

One of the first things you need to do is compile a case summary, if you haven't already. This will allow people to better help you and keep clear in your mind about what the past history is with conferences etc.

Spend the time waiting for a response by collating all your material, affidavits, emails, whatever evidence, into an indexed system to help you establish what you need to present if your case goes to final hearing.

Enjoy  :cool:

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thanks for your reply Artemis…I've been lurking here for about a year on and off, I finally joined about a month ago!! Just reading, too scared to post! - silly I know  :lol: I'm shy…

I'll join the self rep group…I just tried but I'm having problems with the link…I'll try again tom. The problems with Microsoft ( asking me to put in a code)   I'm using firefox. I post something in the right area of this forum tomorrow ( to keep things on topic) Thanks again xx

oh, and admins I don't mind if you delete these posts. There probably in the wrong area, and I know you like to keep things organised.
Don't be shy. None of us bite.

Except maybe for Sisyphus :)

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
monster said
i have question since i have no ida which ones i failed….
I am surprised because you should receive an email from the Portal system to tell you what you got wrong. These emails are sent immediately the test is completed. Please check your various folders for spam mail and see if there is an email. If you do the quiz again and do not get an email can you please let either myself or one of the Moderators and we will sort it out.  :) Also some advice for you Monster; try out Firefox as it has a spell checker on each word if the WYSIWIG editor here is turned on. There is also a spell checker in the editor if you click the ABC (Displayed above the tick) 

Site Director
ahh multiple email addys and some very stringent spam filters would of seen to that.


can anyone please do a better explaination of indexed case file system

or the other document standards or requirements for entering the SRL area and posting your case summary.

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
OneRingRules said
Also some advice for you Monster; try out Firefox as it has a spell checker on each word if the WYSIWIG editor here is turned on. There is also a spell checker in the editor if you click the ABC (Displayed above the tick) 
The Firefox spell checker works in non WYSIWYG mode as well. Best of all you can download an Australian English dictionary from the Firefox site.



Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
monster said
…can anyone please do a better explanation of indexed case file system that the other document standards or requirements for entering the SRL area.
I have no idea what you mean about "indexed case file system" … But to get into the SRL-Resource area is by firstly getting enough site points to apply. (I would think you have enough) Then going to the SRL-R Community area and applying for membership. It is not automatic. They will phone you. They will get you to fill out a membership form. The resource material for Self Representing folks is extraordinary, perhaps even overwhelming.

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
 

Auto response of Test Results

OneRingRules said
monster said
i have question since i have no ida which ones i failed….
I am surprised because you should receive an email from the Portal system to tell you what you got wrong. These emails are sent immediately the test is completed. Please check your various folders for spam mail and see if there is an email. If you do the quiz again and do not get an email can you please let either myself or one of the Moderators and we will sort it out.  :) Also some advice for you Monster; try out Firefox as it has a spell checker on each word if the WYSIWIG editor here is turned on. There is also a spell checker in the editor if you click the ABC (Displayed above the tick)
 

I did the test again recently, I did not get an Email - And I have been through my junk mail

For me - Shared Parenting is a Reality - Maybe it can be for you too!
Monster, what I'd suggest, is perhaps creating a topic specifically on how to create indexed systems for presentation to court. My guess is that each case may warrant a different system that suits the case, but that in general there are probably ways to do this. Perhaps the SRL-R's and others would then give overviews of how they go about doing this. The reason why I suggest a different topic as this could be of use to many and a specific topic would make it easy to find.
monster said
as
Artemis said
Hi BecB, MikeT is spot on.


One of the first things you need to do is compile a case summary, if you haven't already. This will allow people to better help you and keep clear in your mind about what the past history is with conferences etc.

Spend the time waiting for a response by collating all your material, affidavits, emails, whatever evidence, into an indexed system to help you establish what you need to present if your case goes to final hearing.

Enjoy  :cool:
  spca secretary

that is what I meant, if you read that post you would probably know what I meant. I thought you might have a set of standards about how you present your case summary for example you might want it presented as a report, and pdf or in a complied word document with a table of contents.I thought there might be a standard presentation much like meeting minutes
Since i'm going to working on it i would like to know how to met your standards.

I would assume that srl resouces contain examples of case summarys.

The SRL-R members area contains an 'expanding'Word document titled 'Case Chronology'. The information can be entered partly freeform -however the main purposes is to:

1    Give the SRL-R Execs some proper background information (that should never and will not appear on this site)
2    Get people into a habit of documenting the relevant facts about their case


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
MikeT said
Monster, what I'd suggest, is perhaps creating a topic specifically on how to create indexed systems for presentation to court. My guess is that each case may warrant a different system that suits the case, but that in general there are probably ways to do this. Perhaps the SRL-R's and others would then give overviews of how they go about doing this. The reason why I suggest a different topic as this could be of use to many and a specific topic would make it easy to find.

The SRL-R members area contains several documents about how to index and cross reference documents and find them quickly - particularity since SRLs are under some pressure in the Court and not all may have the luxury of a McKenzie Friend or Support Person with them.


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