NSW Doctor Lied in Report - What to Do in Family Court?

[MARY21]

Hi,

My ex and me have a 2 yrs, 6 months old boy, and my ex he is a doctor, but sad to say he had been both physically and verbally abusive and has hurt me when I was pregnant.

We are divorced and he requested the court for a expert report from a doctor, who was terrible and has lied in the entire report, and requested the family court to hand over my son to the father fully, and that I get my son 2 or 3 days for few hours when I have been looking after him to date.

The interim hearing was for October and final hearing for next year, but my ex has applied for a reversal change of address for my son based on the report. I am willing to fight it in the final hearing with the evidence, as I can prove he has sided with the father and supported him.

I am worried - can the court ask me to hand over my boy? He has lied that I am not sound and have paranoia, which is false and based on what my ex has said. But there are no medical records of me or any medical history about me. He has made this statement based on a 15-minute meeting and a few false affidavits. What can I do to change this?

 

[AllForHer]

No, the Court can't ask you to hand over your son, but it can tell you to.

The issue with having 'no medical records' about your mental health, is that it also insinuates you've never actually had any mental health checks to say that you're not suffering from a mental health condition. Essentially, it could be perceived as an untreated illness.

So how do you combat this? Volunteer yourself for a mental health assessment. Get your clean bill of health. File it with an affidavit. Go back to Court.

 

[Rod]

You need legal help, even if legal aid.

Who did the expert doctor examine - you or your son? What kind of expert?

Allegations of a health condition would not normally be listened to by a court unless there was some corroborating evidence supporting the allegation.

What can I do to change this?

Get legal advice. Paid advice is good but if you can't afford paid lawyers start with a community legal service and see what they can do.

 

[Malissla]

No, the Court can't ask you to hand over your son, but it can tell you to.

The issue with having 'no medical records' about your mental health, is that it also insinuates you've never actually had any mental health checks to say that you're not suffering from a mental health condition. Essentially, it could be perceived as an untreated illness.

So how do you combat this? Volunteer yourself for a mental health assessment. Get your clean bill of health. File it with an affidavit. Go back to Court.