NSW About CONSENT ORDERS

[Chris NG]

Right back to forums again as the hearing is 28/07, 9:30am, but received consent orders from ex solicitor just now in 27/07 .
Most of items are disagreed, the only one I guess I have to agree with is according child dispute conference memorandum, the case officer recommended initial supervised time with my child until
we re-establish our relationship (Due to long separation about 4 year).
her consent orders ask me to pay all cost associated with the Contact Support Services including the fees arising from the production of the supervision reports, but at the time and date she want it, and she give two service centers to choose from. here are my questions
1) generally which parent pay for those cost？ can I state in consent orders to split the cost for those supervised visits?
2) Can I choose other supported centers and the time suitable for me and my child?
3) any ones can recommenced any Contact Support Services in Sydney?
thanks.

 

[Atticus]

Don't see why you can't reasonably propose that supervision costs be split, & as long as it's an accredited center, propose alternatives ......After all, If she agrees that it's in the child's best interests to begin with supervision, why should that cost not be shared equally.

 

[Chris NG]

Don't see why you can't reasonably propose that supervision costs be split, & as long as it's an accredited center, propose alternatives ......After all, If she agrees that it's in the child's best interests to begin with supervision, why should that cost not be shared equally.

thanks Atticus, I am proposing just normal visit as supervised contact during Covid-19 is risky, some centers I contacted today are short in booking time, staffs and services they normally provide. but if court deems it is in the child's best interests, I will propose split the cost.
I don't believe she think that it's in the child's best interests to begin with supervision, she won't accept supervised visit if she have to pay for half of the cost.

 

[Tremaine]

So, she reckons it’s in the child’s best interests to have a meaningful relationship with you, but not if it costs her any money? Whose best interests is she prioritising with that sentiment, eh?

How did you go at court today?

 

[Chris NG]

So, she reckons it’s in the child’s best interests to have a meaningful relationship with you, but not if it costs her any money? Whose best interests is she prioritising with that sentiment, eh?

How did you go at court today?

She doesn't care about child's best interest at all, she proposed supervised visit at my cost so she won't have to meet me I guess, cos supervised center provides pickup/drop off service. unfortunately the court hearing gone horribly wrong.her solicitor kept talking about something in her affidavits which the judge had to stop her and mentioned that " I am not doing interim hearing today couple of times". at the end of the hearing, judge asked her solicitor to arrange family dispute meeting but no face to face discussion because she refuses. and another hearing in 6 weeks.
I am confused as well, i have been waiting for 4 months, I thought today it's the hearing to determine the parental responsibility, care arrangement and time to spend with child, but instead nothing happened, completely waste of time..

 

[GlassHalfFull]

My own barrister, when I tried to ask for costs of supervision to be shared, said that it wasn't common practice for the costs to be shared and that the supervised parent had to pay for the costs of supervision. I too used the "if family law is all about the best interests of the children, why shouldn't the costs be shared?" argument. Especially given that in my case, my ex was earning $100k and I was unemployed, and she actually put me in the position (by making false accusations) where I needed to be supervised despite having done nothing wrong, and where the children may not actually be able to see me as much as would otherwise be court ordered if I couldn't afford to pay for the supervision.

 

[Chris NG]

My own barrister, when I tried to ask for costs of supervision to be shared, said that it wasn't common practice for the costs to be shared and that the supervised parent had to pay for the costs of supervision. I too used the "if family law is all about the best interests of the children, why shouldn't the costs be shared?" argument. Especially given that in my case, my ex was earning $100k and I was unemployed, and she actually put me in the position (by making false accusations) where I needed to be supervised despite having done nothing wrong, and where the children may not actually be able to see me as much as would otherwise be court ordered if I couldn't afford to pay for the supervision.

Thanks for your input GlassHalfFull, I assumed the supervised parent may have to pay for the cost if there were risk factors involved by court order. In my case, the risk factors is none assessed by family consultant in child dispute conference memorandum to court. and my child is 5 and half year old, if my ex is willing to facilitate my visit, the supervision contact is not necessary. we had done that when she was 2 years old. Her reason should be similar to your case, she wants me to either pay full cost of supervision contacts which going to be a lot ($250 ~$300 per visit ) or don't see the child at all.
now, another 6 weeks waiting and FDC is going to be waste of time .

 

[Atticus]

Can't comment on how common an order for shared costs relating to supervision may be, but here is one case where a mother alleged sexual abuse, the court found no foundation for them, gave dad sole parental responsibility, ordered the child live with dad, prohibited mum from any contact for 3 months due to risk of psychological harm, followed by about 12 months of supervised contact by a professional contact centre .....

But dad still had to pay half the cost for supervision..

Webb & Guthrie [2016] FCCA 2285 (16 December 2016)

 

[Chris NG]

Can't comment on how common an order for shared costs relating to supervision may be, but here is one case where a mother alleged sexual abuse, the court found no foundation for them, gave dad sole parental responsibility, ordered the child live with dad, prohibited mum from any contact for 3 months due to risk of psychological harm, followed by about 12 months of supervised contact by a professional contact centre .....

But dad still had to pay half the cost for supervision..

Webb & Guthrie [2016] FCCA 2285 (16 December 2016)

thanks Atticus, good reference to my case, as we are going to do mediation to discuses the issues, I can point this out, hopefully she will make this easy for both of us.