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Post #16124 by T12 on September 3rd 2008, 8:42 PM (in topic “Saying hello and asking about Family reports”)

Saying hello and asking about Family reports:

The schooling issue should be determined quite quickly as a single issue. Make sure your material annexes all relevant info from all the alternate schools and be ready to argue the merits of the schools in terms of curriculum and what they have to offer. Also consider convenience, transport, distance from the 2 homes etc. As Monti said it is NOT so much about Catholicism, but education.
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?

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Post #16108 by T12 on September 3rd 2008, 4:50 PM (in topic “Children Speaking Directly to Judges”)

Children Speaking Directly to Judges:

At risk of turning this thread into good old fashion Aussie/Pommy rivalry, can I venture this…
I believe that our system of Family Law has evolved somewhat since the bad old days of the Matrimonial Causes Act. One bleeding obvious example is that we grew out of fault based divorce 30 something years ago and the UK still lags behind in that regard.
As far as the right of the child to have a say, we don't need McKenzie friends. We have ICL's who can use what ever resources are available to investigate and present to the court the wishes and views of the children when relevant.
Clearly it will not always be appropriate, but when a child is old enough and mature enough for those views to be given weight, it is enshrined in our FLAct that the Court MUST consider those views.
What is the problem??
(Should I mention the Cricket now?)

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Post #16037 by T12 on September 2nd 2008, 12:39 PM (in topic “What are my rights in this situation?”)

What are my rights in this situation?:

monster said
I cant wait for the male pill to be developed
They already have.

It's quite large, about the size of a marble. You put it in your shoe… it makes you limp.

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Post #16024 by T12 on September 2nd 2008, 10:07 AM (in topic “How do you serve someone or request mediation when you dont know their address?”)

How do you serve someone or request mediation when you dont know their address?:

Monster.

You wouldn't need a certificate under 60I. See 60I(9)(i).

A location order Application should seek the following:

That pursuant to Section 67N(2) of the Family Law Act 1975, the [specify name of agency/department and person or appropriate authority eg. Centrelink] furnish forthwith to the Registrar of this Registry of the Court such information as is contained in the records of the said agency/department in relation to the address at which the child/children [provide name and date of birth of child/children] and or the husband/wife/Father /Mother or other person [select which is appropriate] that is contained or comes into the records of said agency/department.

Finally, and this is important, do not serve the Grandparents without a substituted service Order. Amongst other things, it may breach s 121.

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Post #15832 by T12 on August 29th 2008, 10:28 AM (in topic “Children Speaking Directly to Judges”)

Children Speaking Directly to Judges:

monaro said
What about the Independent Childrens Lawyer (ICL)?

Do they not bring forward the wishes of the child?
  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."

ICLs (being lawyers rather than psychologists) sometimes struggle interpreting things said by children, especially when they come with baggage from one parent or the other.

Eg. (real example)

ICL: "Did your Mum or Dad tell you why you are here?"

Child: " Yes, Mum said I have to tell you I want to live with her?"

From that time on it is hard. To probe further may expose the child to more pressure and anxiety, especially pressure from the parents after the interview.

Parent: "well, what else did you tell him?".

I prefer to rely on a suitably qualified Reporter to give evidence of the childs wishes.

Also consider that quite often the children prefer not to make their wishes known, and rightly so. It is an enormous relief to many kids to be told that they do not have to pick between their parents, and that the 'grown ups' will decide.

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Post #15830 by T12 on August 29th 2008, 9:10 AM (in topic “Children Speaking Directly to Judges”)

Children Speaking Directly to Judges:

Damocles said
Oh 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.?
  What a bizarre notion. Who would prepare, file and serve the Affidavit? The Mother? The Father? The child? The Judge or FM?

You really didn't think that one through did you.

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Post #15780 by T12 on August 28th 2008, 5:42 PM (in topic “Family Report”)

Family Report:

If the reports notes etc are in an Affidavit, just give the reporter the Affidavit. Don't worry about admissibility, that is not the job of the reporter to determine.

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Post #15760 by T12 on August 28th 2008, 4:09 PM (in topic “Children Speaking Directly to Judges”)

Children Speaking Directly to Judges:

In nearly every case where wishes or views of the child are a relevant factor a report will be prepared and the views of the child will be in evidence through that report. This is the preferred path.
I hope you weren't seriously suggesting a sworn Affivavit from the child is an appropriate way to deal with the problem??

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Post #15686 by T12 on August 27th 2008, 6:43 PM (in topic “Answer to D4E”)

Answer to D4E:

IMO you wouldn't practice Family Law unless you were passionate about social Justice and helping people in difficult vulnerable situations. You certainly don't do it to make money, and so most FL specialists do it as a result of passion and commitment.
Perhaps high powered corporate takeovers may be more complex, but who would want to do it? Intellectual property is a stroll in the park, but again who would want to do it?
Boring!

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Post #15618 by T12 on August 26th 2008, 7:08 PM (in topic “CSA have calculated payments from 07/08 FY with no tax return yet submitted”)

CSA have calculated payments from 07/08 FY with no tax return yet submitted:

styx said
Finally I would like to say to paddy that I don't pay a cent because I choose not too.

Accountability works both ways.
 

OK Now I am curious, how is the standard of living for the children of your first marriage/relationship?

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