Saying hello and asking about Family reports:
The change in live with/spend time with Application troubles me. How did she get over the Rice and Asplund threshold? Was this even raised?
That is a tricky one. Obviously the ICL can not give evidence, but when the children have made a strong statement to the ICL that can be very persuasive in negotiations. Sometimes the Judge seeks an indication from the ICL at the Bar table but that is not evidence. I usually say something like, " based on my discussions with the children the proposals set out in the FR, (or the Mother's or Father's Application) are consistent with the wishes of the children as expressed to me."
monaro saidWhat about the Independent Childrens Lawyer (ICL)?
Do they not bring forward the wishes of the child?
What a bizarre notion. Who would prepare, file and serve the Affidavit? The Mother? The Father? The child? The Judge or FM?
Damocles saidOh thats a lot of empty officialese. Children have the right to present their own views and feelings and NOT distorted versions by another. and Yes I do mean sworn affidavits if the child chooses. Is that too frightening for you to handle?. Might children just speak honestly and openly to Courts, which parents and others would not like.?
styx saidFinally I would like to say to paddy that I don't pay a cent because I choose not too.
Accountability works both ways.
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