QLD Homeschooling Issue - Should Father Fight for Custody of Children?

[Rod]

If you intend to withhold based on the psych report, get confirmation from the psych the mother also has the report, and you also send a copy via registered post.

What happens next will depend on whether she goes for an ex-parte application or not.

If ex-parte, I do not know what happens and suggest you call the court and ask for their processes on defending against a recovery order.

Make sure you have paperwork backing up your story ready to submit in response. By sending the copy to the mother if she makes an ex-parte application she should disclose that fact to the court when making the application. If she doesn't it strengthens your case to have the recovery order withdrawn.

 

[nibler1300]

Getting the recovery order withdrawn though... What happens if the police turn up at the door and say we need to return her? Does that happen?
We will ensure that Mum gets a copy of the report however we decided to not speak to Mum regarding the psychologist. She knows SD6 went. She hasn't asked about it. If she did ask, we were going to pass on the number for psychologist and say "We do not believe it is appropriate to discuss this matter with you, if you would like progress reports etc, the psychologist is willing to speak to you directly. This is to ensure there is no confusion between information given".

What is an ex-parte application?

sammy, when I say physical abuse, she (step daughter) has told us that Mum used to do to her what SD6 did to little sister (2 years old). This includes, slamming head in doors and into cupboards and wardrobes. SD6 has also said that she has been picked up and thrown across the room and off tables. We never acted on it previously because we weren't sure if it was the truth or if it was exaggerated etc. And she hadn't been around Mum for a decent amount of times until the past holidays.
She was there for 10 days, came back pooing her pants and behaviour 100x worse!

 

[Rod]

What is an ex-parte application?

It is where one party makes an application to the court without notifying the other party they are doing so. But it puts an obligation on the party making the application to present all relevant information to the court. If she has legal representation (eg Legal Aid), send the report to them as well, chances are they will make the application, and if so, they'd need to disclose the psych report.

 

[nibler1300]

How do we send the psych report to Legal Aid if we don't know there are court proceedings?

Mum will definately receive a copy. We will text a photo, fb messenger the photo, email and post. So we will cover all grounds.

If we just send it to mum and she withhold the report as evidence, it would be frowned upon? Will judge hold any weight into not disclosing it.

If she doesn't disclose it, how would we know?

 

[nibler1300]

Sorry, would it be frowned upon?*

 

[Rod]

How do we send the psych report to Legal Aid if we don't know there are court proceedings?

You don't need court proceedings. If she is a client of theirs they add it to her file. Then if it goes to court they should disclose it to the court, else they fail in their duties to the court and can face penalties.

Doesn't help directly but means there is more chance the court sees the report before making orders and therefore less chance of an ex-parte order being made in the first place. You want to try and avoid ex-parte orders being made.

You want the chance to defend the application for recovery before orders are made. Hence my suggestion about the report.

 

[nibler1300]

Okay, yea, that makes sense.

So we send it via all avenues to her and send it to the legal aid lawyers who represented her during the last proceedings?

 

[Rod]

That's what I'd do in your position if I was concerned recovery orders may be sought by my ex.

Sending the report may inflame the situation but if you intend to withhold anyway, then no extra damage damage is done, just means the flames ignite a little earlier..

If you do not intend to withhold, then no need to disclose at this point in time, and probably better not to disclose.

Hope this helps.

 

[nibler1300]

Yes it has all helped.

We have no intention of withholding UNLESS the psych tells us that SD6 wouldn't be safe. I don't know how we could ever live with ourselves if something awful happened.
Unfortunately, this is the situation we are in now.

We also have no intention of "rocking the boat" that is BioMums mental state. Things are so much better and easier when we are all getting along.
So we won't be showing her the report unless we have no other choice.

This is all a just incase this happens, I'd prefer we knew what to do before hand.

Psych has asked for a "history" of SD6.
Partner isn't the most educated person in the world so looks like I will be taking the reigns for this one. I asked the psych how far back do we go and she has said that all relevant info.

I would hope that based on our info, psych will ask SD6 about it so she won't be relying solely on our information. Psych would then be able to get SD's views on the situation.

Is this what usually happens in these types of cases? I'm cautious that our views may be in the psych report in which BM will say that "we threw her under the bus" etc.

 

[sammy01]

stress less, there are at least 3 layers of hypothetical in all this.

Small steps...