Hello everyone,
I have a couple of questions regarding family court interim orders that were set on the 4/10/21.
I don’t want to sound unappreciative of the representation or of the courts time, but the dial in/video link system in place currently leaves a lot to be desired and I am of the opinion that there is a lot the judge misses because of it.
So in saying that I would much appreciate some guidance as I feel like I was somewhat blind sighted at the hearing from both his and my legal representatives.
In March of this year it was ordered that my ex who had not seen our three children (now 14, 12, 8) in 2.5 years due to DV, resume contact via a supervised access centre. This took place every second Saturday for 1 hour until July.
In that time there were still issues such as the father calling/texting outside of the court orders allocated times, snide comments about me/partner/family, parentafication (legal, parenting responsibilities, sending herbal medications to kids) false accusations, lying on affidavits, not supplying psych reports etc etc.
On the 4/10 there was little communication from my barrister with me. I had wanted the supervised access to continue at a contact centre due to the issues listed above, I could prove all of it.
The father wanted contact to move to substantial attendance with two of his friends (unknown to children or me). Each friend to oversee 1 week and the other the next.
My barrister advised me that this would be considered preferable by the court and if I didn’t agree I would be seen as being difficult by the judge.
She also said the court wouldn’t allow changeover at a police station and agreed to MacDonald change over.
She then agreed that I would not have my partner with me because the father claims he doesn’t like him (they’ve never met) and it could cause conflict in front of the children.
I told her I didn’t agree with that situation, I shouldn’t be made to be anywhere alone/unsupported with him due to a long history or DV.
But when I received the orders my barrister had agreed to the above anyway.
I reluctantly agreed stupidly it seems (only to the substantial attendance) presuming that it would be the same day/time as before, just moved to a different setting. This was not the case, without consulting me any further than above, my barrister agreed to 10-5.30 every Sunday, the judge changed it to 10-3.30 every Sunday.
My barrister never checked with me to see if we had pre-existing commitments, work hours, sports etc or to see if we were okay with just coming out of lockdown and yet now not able to go away for a weekend or over the Christmas break.
My barrister didn’t bother to put safety measures into this new order such as no alcohol or drugs to be consumed by either the father or supervisor.
She also refused to request the immunisation status of the supervisors, which I asked her to do. She said that I could only expect them to be vaccinated if I was.
I emailed my lawyer 2 weeks ago requesting information surrounding the requirements of supervisors such as:
Would I be provided with the supervisors
contact details?
Do they have my contact details?
Do the supervisors have to work within a court provided framework, how do they know what would be considered inappropriate, when should they contact someone or cease visitation etc etc?
What are the consequences for not reporting issues if needed?
I have had no response.
It has since come to light that one of the supervisors is not a friend but a girl friend.
Is that considered suitable by the court?
How does the court expect someone in an intimate relationship with the father and is unknown to myself and children to stay impartial and 100% child focused?
On the Dhhs website regarding mandatory Covid vaccination requirements it states that people fulfilling any care based role whether it be paid or voluntary, including self employed, that are working anywhere outside of their home are required to be vaccinated.
It is the employers responsibility to check vaccination status for all paid and voluntary roles that are required on site or field based (especially for those entering someone else’s home) Self employed/contractors fall under employers responsibility.
Question:
If the court has ruled to engaged two volunteers for supervision (care based role) Is it the courts responsibility to ensure their vaccination status?
Would this situation make the court technically an employer?
Or does it fall under the self employed criteria and the supervisors should ensure their vaccination record is provided to the court or myself?
Should they not attend their voluntary role if they are unvaccinated?
Question 2
Speaking generally was my barrister correct in her advice and negotiations?
Should I be looking for a new lawyer?
Thanks in advance for any opinions, have a great weekend!
Regards Ashe
I have a couple of questions regarding family court interim orders that were set on the 4/10/21.
I don’t want to sound unappreciative of the representation or of the courts time, but the dial in/video link system in place currently leaves a lot to be desired and I am of the opinion that there is a lot the judge misses because of it.
So in saying that I would much appreciate some guidance as I feel like I was somewhat blind sighted at the hearing from both his and my legal representatives.
In March of this year it was ordered that my ex who had not seen our three children (now 14, 12, 8) in 2.5 years due to DV, resume contact via a supervised access centre. This took place every second Saturday for 1 hour until July.
In that time there were still issues such as the father calling/texting outside of the court orders allocated times, snide comments about me/partner/family, parentafication (legal, parenting responsibilities, sending herbal medications to kids) false accusations, lying on affidavits, not supplying psych reports etc etc.
On the 4/10 there was little communication from my barrister with me. I had wanted the supervised access to continue at a contact centre due to the issues listed above, I could prove all of it.
The father wanted contact to move to substantial attendance with two of his friends (unknown to children or me). Each friend to oversee 1 week and the other the next.
My barrister advised me that this would be considered preferable by the court and if I didn’t agree I would be seen as being difficult by the judge.
She also said the court wouldn’t allow changeover at a police station and agreed to MacDonald change over.
She then agreed that I would not have my partner with me because the father claims he doesn’t like him (they’ve never met) and it could cause conflict in front of the children.
I told her I didn’t agree with that situation, I shouldn’t be made to be anywhere alone/unsupported with him due to a long history or DV.
But when I received the orders my barrister had agreed to the above anyway.
I reluctantly agreed stupidly it seems (only to the substantial attendance) presuming that it would be the same day/time as before, just moved to a different setting. This was not the case, without consulting me any further than above, my barrister agreed to 10-5.30 every Sunday, the judge changed it to 10-3.30 every Sunday.
My barrister never checked with me to see if we had pre-existing commitments, work hours, sports etc or to see if we were okay with just coming out of lockdown and yet now not able to go away for a weekend or over the Christmas break.
My barrister didn’t bother to put safety measures into this new order such as no alcohol or drugs to be consumed by either the father or supervisor.
She also refused to request the immunisation status of the supervisors, which I asked her to do. She said that I could only expect them to be vaccinated if I was.
I emailed my lawyer 2 weeks ago requesting information surrounding the requirements of supervisors such as:
Would I be provided with the supervisors
contact details?
Do they have my contact details?
Do the supervisors have to work within a court provided framework, how do they know what would be considered inappropriate, when should they contact someone or cease visitation etc etc?
What are the consequences for not reporting issues if needed?
I have had no response.
It has since come to light that one of the supervisors is not a friend but a girl friend.
Is that considered suitable by the court?
How does the court expect someone in an intimate relationship with the father and is unknown to myself and children to stay impartial and 100% child focused?
On the Dhhs website regarding mandatory Covid vaccination requirements it states that people fulfilling any care based role whether it be paid or voluntary, including self employed, that are working anywhere outside of their home are required to be vaccinated.
It is the employers responsibility to check vaccination status for all paid and voluntary roles that are required on site or field based (especially for those entering someone else’s home) Self employed/contractors fall under employers responsibility.
Question:
If the court has ruled to engaged two volunteers for supervision (care based role) Is it the courts responsibility to ensure their vaccination status?
Would this situation make the court technically an employer?
Or does it fall under the self employed criteria and the supervisors should ensure their vaccination record is provided to the court or myself?
Should they not attend their voluntary role if they are unvaccinated?
Question 2
Speaking generally was my barrister correct in her advice and negotiations?
Should I be looking for a new lawyer?
Thanks in advance for any opinions, have a great weekend!
Regards Ashe