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Post #45364 by SRL-Resources on May 12th 2012, 5:28 PM (in topic “Equal Shared Parental Responsibility ?”)

Equal Shared Parental Responsibility ?:

Slightly off topic but…………..Sec SPCA is right  sometimes the heat needs to be taken out of the forums BUT David Halligan in a pink tutu? SEC SPCA next time you are visiting the Parramatta registry please let us know and we are hopeful that DH might give you a personal tour of the repainted holding cells or even a short holiday in one.

There is no truth in the rumour that we have emailed DHs Associate the link to your post, instead it will go to CFM John Pascoe.

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Post #44111 by SRL-Resources on March 23rd 2012, 8:21 PM (in topic “recovery order made 8 years ago used to stop school giving details on childs progress.”)

recovery order made 8 years ago used to stop school giving details on childs progress.:

It is quite likely the Court has made other orders or even that the Recovery order had certain provisions.  You will need to ascertain the current 'orders' status between the parents.

The Principal acted correctly if someone arrived/telephoned out of the blue and wanted to information about a child.

Missali said
Might as well now go for the child to live with father full time
If you are doing this for some supposed tactical advantage you are going to fall flat on your face. Child order applications should be child focused and practical. An 8 year hiatus with no contact certainly does not sound child focused.

You should spend some time reading the Rice and Asplund forums which will give you a little idea of the hurdles you face. If he hasn't seen the child in 8 years some of the hurdles are the existing status quo and how this contact will affect the child. A read of Section 60CC of the Act will give you some idea of the provisions you need to satisfy.

One piece of missing information is the age of the child. If the child is 12 years or over their wishes are likely to form an important component in any Family Report.

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Post #41537 by SRL-Resources on February 4th 2012, 5:59 PM (in topic “Powerpoint and Starter Kit”)

Powerpoint and Starter Kit:

Secretary SPCA said
Joining the SRL -Resources group is almost an impossibility . I have been waiting for about two and a half years to even get a response to a joining request.
Slight error here, almost two and a half years equals 30 months, it is actually 20 months and you know full well that you did not meet the criteria. No case about to run, no case running and no case recently concluded.
 
Secretary SPCA said
Its probably time we provided some of the good core information to the public section of the site I suspect. Have you any other ideas?
SRL-R did provide substantial amendments to FLWG for our section of this site over 2 years ago. These amendments did include two PowerPoint presentations which also included a smaller version of the starter kit.

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Post #34636 by SRL-Resources on February 7th 2011, 9:03 AM (in topic “consent orders”)

consent orders:

Because of the childs age any agreement is going to have to take in a considerable range of issues as the child becomes older ie overnights, schooling, holidays, etc

Since orders are formal agreements there is a need for them to be completed properly and unambiguously. Frequently it is not what is in orders but was is missing or badly written that causes disagreements. There are many posts on this site about badly written orders that need interpretation. SRL-R produces for its members a guide to creating orders and sample orders and list over 80 points that should be considered. This does not mean they should all be included but rather it points out issues other parents have had with seemingly mundane issues becoming major conflicts at a later stage.

You can of course write up the orders yourself and get them properly checked, even a comma or a wrongly numbered sub paragraph can alter the meaning (legal interpretation) of orders.

There is of course no need for FRC involvement if the parents 'Agree' and you would be better off lodging your orders at your nearest FMC where a Registrar 'may' indicate any obvious errors.

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Post #34269 by SRL-Resources on January 23rd 2011, 7:48 PM (in topic “Topic #5895 (no title)”)

Topic #5895 (no title):

Although the poster has provided some details our post also contains some generalisations and shortened explanations.

Because Countries have different judicial systems there is a need for a Central Authority to process a ''Hague' order. The Central Authority is a nominated Government department in a Hague signatory country. The Central Authority generally is a department that has a direct or indirect relationship with the judicial system and Federal or other Police forces. (example the AGs department in Australia)

Although you can make an application via the FMC a Hague order is usually signed by a Judge of the Family Court and then passed to the Central Authority for processing.

An application needs to establish that the child is under Australian Jurisdiction and has been removed unlawfully. To this end there would be a need to establish that in the absence of any orders a 'status quo' has existed where the child would normally be habitually resident in Australia or there is paperwork to prove this would be the case. Many Hague cases turn on the phrase Habitual Residence (Note by default although not in any wording Australian Family Court Orders prohibit the removal of a child from the Commonwealth of Australia without the permission of the other parent)

Fortunately since most Australian law is based on UK law the process is far less painful than other countries that have diverse legal, social network systems and not English as their first language. The Hague order is then passed to the UK Central Authority (normally the Home Office) who then pass this onto the Police and CAFCASS to follow up on. Obviously if the location of the child is known this makes everything a little easier.

What happens after this is subject to whether the child is under any risk or under any further flight risk and the Authorities may take the child into care before any Court hearing.

The UK equivalent to the Family Court is the Family Division of the High Court which would hear the Recovery order and would rule on it i.e. whether Australia really has jurisdiction of the child and therefore the validity of the recovery order.

If the Recovery order is considered valid the other side has the option to argue against it on a number of grounds including the ubiquitous best interests. It is this legal argument that can take time (sometimes weeks or months) before the Court will rule on the outcome ie 'Return' or 'No Return'. It is not unusual for the English Courts to bring some pressure to bear to achieve a mediated outcome between the parents.

Other Points

UK Courts that handle Family Law are closed Courts they are not open to the public as Australian Family Courts are.

The solicitor that mentioned 'no responsibility' is talking out of their hat.

If the child was born in the UK they have British citizenship. This means that a passport application can be made for an EU passport. The UK (unlike Australia) only requires the signature of one parent on the application.

There are Lawyers in both Australia and the UK that specialise in Hague recoveries

The link under Community for SRL-Resources is inoperative. You would need to go to the www.srl-resources.org login/join page

Last edit: by SRL-Resources

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Post #34148 by SRL-Resources on January 20th 2011, 8:48 AM (in topic “fighting recovery”)

fighting recovery:

This is a strange post which because of a lack of explanation on your part is deliberately designed to create confusion.
srldad101 said
If the good people of SRL, with special mention to Artemis & Verdad, do not want to help then fine.
Perhaps you should enlighten people as to why the SRL-R group and other people on this site will not support you.

srldad101 said
But spare us your self-indulgent $400/hr appeasement to your judicial masters on our behalf.
As you have been informed SRL-R is independent we have no masters and do not receive funding. Why you persist in such strange attacks is not beyond us.

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Post #34059 by SRL-Resources on January 15th 2011, 8:57 PM (in topic “"Gazetted school holiday period" vs "School holiday period"”)

"Gazetted school holiday period" vs "School holiday period":

A pupil free day is not part of school holidays even it occurs on the first or last day of school term.

Pupil free days are a generic term for when children (or some children) do not have to attend school and school holidays are when the school is officially closed. Both terms are generally used in orders.

Arguing that a Pupil free day is a school holiday will guarantee a Court loss and probably a costs order against you. Case Law is specific on the differences between the two.

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Post #34058 by SRL-Resources on January 15th 2011, 8:53 PM (in topic “meaning of orders”)

meaning of orders:

We generally do not comment in threads when one person is trying to help another who should be posting first hand (frequently commented on by 4MD)
4MD said
You acting as a conduit is an incredibly inefficient way of getting meaningful and effective advice in respect of your son's matter and could lead to significant errors. We are reliant on you passing on accurate information about the matter. We are effectively hearing about things third-hand. Errors could arise in what information you are passing on in these forum for feedback by members. Then there is the issue of you passing on information/feedback to your son.
 
The actual Father should be posting on here and not relying on his Mother to interpret issues for him - in our experience this can result in some very bad performances in Court where the SRL flounders because he/she has relied too much on a third party.

However - in this case 'ignorance' of the content or 'interpretation' of the order when someone is represented is not a 'reasonable excuse' it is an excuse which the Court MAY accept but is not likely to result in a Costs order. To a certain extent the original solicitor may be using a 'try on' claim (Ambit) because they did not pass on the orders or properly explain them to their client.

If the case is still in progress no 60i is needed but the contravention may be concertinaed into the Final Hearing. If December was the Final hearing a Contravention or Enforcement application can be submitted without a 60i.

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Post #33312 by SRL-Resources on December 1st 2010, 5:21 PM (in topic “ICL failed in his duties”)

ICL failed in his duties:

Removal of an ICL is at the discretion of the Judicial Officer. You would for example need to demonstrate incompetence or clear bias and that they were acting outside of the guidelines for ICLs. Because you may not like an individual ICL or you believe they are biased or incompetent requires some 'real' evidence as to why they should be removed.

There is a truism amongst ICLs that people dont like the ones that disagree with them.

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Post #33301 by SRL-Resources on December 1st 2010, 9:02 AM (in topic “Temporary Custody Order”)

Temporary Custody Order:

Fairgo said
Yes the age makes a big difference - if over 12yrs then the child can make their own decision.
A 12 years old child cannot make their own decision. At 12 years and younger the childs wishes would be subject to a Report/Evaluation prepared for a FAMCOURT.

At 14 years of age a child can leave home and claim a Government allowance. At that stage the Courts are generally reluctant (depending on circumstances) to make orders about the 'lives with' parent.

Even if there are no orders in place the parent with majority care can make an application for a Recovery Order.

According to your post 'return' is being withheld to protect the child. You should bear in mind any protection is against the third party and the Mother may undertake that the person will not come into contact with the child. The Courts also take a very dim view of any parent that allows a child to witness let alone become part of Domestic Violence.

The only people that can issue a temporary *custody order would be a Court. You can make an urgent application to the FMC but you will need evidence that the child is at risk. Some local Court Magistrates may even issue an order however the majority will refer the matter to the nearest FAMCOURT registry.

*The word 'custody' disappeared from official legal use some years ago to be replaced with 'residential' and the now current 'lives with' and 'spends time with' parents. Do not use the word on any application or material for the Courts.

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