Child Advocate
Thank you. We must keep the discussion (and relevant action) going.

I am trying to have my case reopened and have lodged a formal complaint about my legal team to the relevant body on the grounds that :

1. They withheld crucial information from me concerning the Family Report. I found this later using the FMC website in the brochure headed "Family Reports".

2. I was therefore unable to give INFORMED consent to either the Family Assessment or to the Final Court Orders, which were apparently based on the Report.

3. They were working against my interests.

My (now former) solicitor has not yet (5+ weeks after the settlement/Hearing) lodged the Final Court Orders with the Family Court.

I am also preparing a complaint against the Family Consultant, with the relevant professional body, on the grounds (based on the relevant Professional Standards document):

1. That person was acting outside their field of expertise. (The clue is in the Interim Court Order).

2. I was not able to give INFORMED consent to the Family Assessment, as I had no prior knowledge of what it involved, how it would be used or the great secrecy involved.

3.The unprofessional manner in which the Assessment was conducted.

4. Extreme bias against me in the Report.

5. Failure of the Family Consultant to read the background documentation - this was obvious when the very delayed report arrived.

I used the Internet to obtain the relevant addresses, but Public Library staff could have helped if necessary.

Hi Valarie, please persist in your efforts as there is a great need to overhaul expertise and accountability of the Report Writers, legal counsel and decision makers and that won't happen without persistent complaint action at the individual level as well as publicly directed activities to expose the institutionalised child abuse which is sadly routine in the courts and many FRC's at present.
I have seen the most appalling outcome for children time and time again and the decision-makers are never around to see the children's distress, suicidality, depression, anxiety and incomprehension that even though they have told what is happening they are not protected - parents are similarly shell-shocked that the evidence of their child's abuse is breezily explained away by barrister waffle and accepted by everybody, who then agree with each other that the abuse didn't happen and parent must make the child happy to spend time with the abuser and experience ongoing harm. It is tragic and routine.

Hi mog

Thank you for your encouragement. All this is new to me and I can hardly believe that I could be so accepting of the system. I was raised in an era when we obeyed and respected the Law so this has been difficult for me.

I'll post comments on responses (if any) to my complaints. In the meantime I am going to write to my Local Member etc.

My advice to all: Do not annotate any of your documents if you can help it. Make a photocopy first and write on that. I did not do this as I did not anticipate needing clean copies later, and I had to get expensive replicas from the Family Court Registry to attach as evidence to my complaints. However, the Family Court staff member who phoned me about my requests was extremely helpful and kind.

Quote from article in Kids in Distress: "something is terribly wrong with a culture that devalues and criminalizes motherhood" (apologies to male protective parents and protective grandparents).

I am sceptical about the ability of academics, experts and individual efforts to create change. No one seems to take any notice - as demonstrated by the last thirteen years of worsening situation for children despite research papers, Law Council Report 2002 and debate.

The Judgements are there for all to see and read.

Why did my little child come and fall into this black hole of evil. Prepared and delivered by a 'civilised' system full of highly intelligent people to a paedophille?

The experts earnestly discuss 'attachment' and 'meaningful' all the while a huge elephant of abuse sits in the room. No-one apart from those who love this child see the heart wrenching consequences.

It's so peaceful and civilised in the court, far, far, far away from the cries of a child.

While the Father's Right's Groups may gag I would like to see a documentary that simply allows protective parents like me, to tell our story. In the US the film "Breaking the Silence: Children's Stories" was released in October 2005. Quote: "Chronicles the impact of domestic violence on children and the recurring failings of Family Courts across the country".

Caused a storm. PBS issued a appeasement statement in response to the outraged 'dads'. The point would be the general public would be aware of what is happening and could never again claim not to know.

I wish everyone could know what is happening to their faces... the suffering of children like my child and want, like me, for it to stop. Why don't Journalists present the truth to the Australian public?

mog "decision-makers are never around to see"

That is in my view a significant weakness in the whole system across the board. There does not seem to be any checkback mechanism to help them learn from past mistakes.

They do their thing and move on leaving everybody else with the consequences. There is no informal complaints handling mechanism, if you think a legal error has been made the response is to lodge an appeal which few could afford.

Business which operate like that don't last long if they have any competition.

R0bert

With regard to journalists publishing the truth. Perhaps we can help here by contacting newspapers and suggest investigative reports be made on for example :

What motivates legal advisers to use whatever means they can to persuade their clients to consent to a bad pre-Hearing settlement?

In my case, evidence in their own files of which I was unaware at the time, would have made me insist on proceeding to a full hearing which if properly considered should have brought about different, and perhaps the opposite, result. This avoidance of Court can't be because of money, as I was charged the full barrister's fee for two brief sessions during which I was lied to about not being able to challenge the Family Report and threatened with an even worse outcome. This was not in the presence of my solicitor, but of his young "clerk".

Is it simply to speed up the court process, or is there something else? I have not been allowed inside the Court Room.

RObert: My complaint to the State Legal Commissioner has so far been free. There are downloadable forms on the Internet, or you can send a letter, with attachments. If you do either, keep copies of everything, and send the complaint by registered post (or similar) to ensure delivery. You can then track it using the Australia Post website if necessary. The more complaints lodged, the better.

I am proceeding with my attempt to have my case re-opened. I am prepared to mortgage my house to do so, but I know that this method of financing is not an option for most contributors. There is tremendous injustice (and possibly worse) going on. This will be a test case.

EVERYONE: : Please keep your comments coming to ensure that the Forum remains open until I can get a result.