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Post #28890 by oneadadc on March 8th 2010, 11:28 PM (in topic “First contact orders with domestic violence”)

First contact orders with domestic violence: Contact Centres

kalimnadancer said
Maybe the father does not want to be forced to use a contact centre and would be agreeable to another way to see the child. Contact centres are not nice places for the child or the parent and they can be very negative places.
 
Contact Centres were originally established for 2 purposes.

The first is to provide a neutral and safe environment for parents to exchange care of their children where it is considered inappropriate that the parents come into direct contact with each other.

The other is to provide a neutral and safe environment for a child to have supervised contact with their parent. The staff at these centres are usually very experienced people of with professional qualifications in psychology or similar disciplines. They also have clear guidelines about what is acceptable interaction between a child and parent. The supervision tends to be unobtrusive but nevetherless vigilant and is reportable to court if the need arises. The guidelines are also quite clear about the need to prevent contact where the child is put at risk.

The staff also tend to be aware and make allowance that most people would be uncomfortable parenting whilst under supervision. Any report would take this into account.

In essence supervised contact is better than no contact at all and a positive report from the contact centre is likely to lead to unsupervised contact unless the court finds there child is at risk for another reason.

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Post #28027 by oneadadc on February 2nd 2010, 11:26 PM (in topic “My hopes for Mediation bite the dust”)

My hopes for Mediation bite the dust: Re Family Dispute Resolution Certificate

As the process is already before the court, the court will be interested in the certificate but only to the extent that no agreement was reached and now it is up to the court to make a decision to finalise your matter.

That decison will be made on the relavent evidence presented to the court within the context of the law. As the law is mostly silent on consequences for failing to attend mediation except for costs the failure to participate in mediation is extremely unlikely to affect the decision. Even on the question of cost, the refusal to participate in mediation is seldom considered with the Family Law Act clause "Each party should bear their own costs" carrying the most weight.

So if you are off to court, forget the failure to mediate and focus on presenting your case on the real issues the court is to decide.

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Post #28022 by oneadadc on February 2nd 2010, 10:12 PM (in topic “IMPORTANT note for new members”)

IMPORTANT note for new members: Good advice to a SRL from the ICL

Yesterday I heard an ICL advise a SRL

"Its your child and your life!"

in reponse to a request for an opinion.

It was a totally appropriate response and great advice.

Many parents for they are parents and with that comes responsibility, with responsibility come decision making.

We at SRL-R can help with understanding the process etc, but we can't make your decisions for you and we can't run your case for you.

To get a good out come, you will need to listen, have reasonable expectations, be willing to learn and willing to put the work in.

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Post #27643 by oneadadc on January 20th 2010, 1:35 AM (in topic “How many nights is two thirds access on all school holidays?”)

How many nights is two thirds access on all school holidays?: Calculating School holidays is often a contentious issue.

Case Law is full of poorly worded clauses relating to School Holidays. If a person chooses to be difficult they tend to find fertile ground on this issues.

It was common to write orders relating to school holidays in terms of "Gazetted School Holidays. Of course if the child attends a private school the holiday periods are often different to what has been gazetted for public schools.

Another fertile area for contention is the definition of "commencement and conclusion" or what defines  the mid point.

Many courts are now writing orders in term of the "last day the child is to attend school" and "the first day the child attend school is term x".

On the issue of the mid point, one judge i know of ordered change over to occur on the Saturday immediately after the mid point..

On other occasions a specific date in January is ordered for change overs.

In reality, if orders are necessary, they should be clear and unambiguous leaving little room for interpretation.

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Post #27640 by oneadadc on January 20th 2010, 12:39 AM (in topic “The site rocks...enough said..”)

The site rocks...enough said..: I claim the cake

Reason offered for preventing contact with 1 year old on a couple of occasions

"He gets upset when he doesn't see you!"

DUH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Post #27394 by oneadadc on January 8th 2010, 10:29 PM (in topic “Dispute Resolution Certificate”)

Dispute Resolution Certificate: A suggestion

Hi Morgay

I would suggest attending the 4 session of mediation and there insist that either an agreement is signed that is to be filed with a court as consent orders or you will refuse to participate in any further mediation.

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