Schedule 5: Case management and procedure
Would the introduction of harmful proceedings orders address the need highlighted by Marsden & Winch and by the ALRC?
Enter your response here
No.
I include in "harmful proceedings" the impact on children subjected to Family Court of Australia proceedings noting that the interests and wellbeing of children is paramount.
I include in "harmful proceedings" the impact of false allegation made against a party to proceedings at the Family Court of Australia
Particularly I refer to a school essay,Redacted text
The essay continues.
A Family Report was attended some 12 months into those proceeding.
That Family Report includes (in part):-Redacted text
I include in "harmful proceedings" the impact on children subjected to Family Court of Australia proceedings noting that the interests and wellbeing of children is paramount.
I include in "harmful proceedings" the impact of false allegation made against a party to proceedings at the Family Court of Australia
Particularly I refer to a school essay,
The essay continues.
A Family Report was attended some 12 months into those proceeding.
That Family Report includes (in part):-
Do the proposed harmful proceeding orders, as drafted, appropriately balance procedural fairness considerations?
Enter your response here
No
Children describing abuse to the Family Court of Australia should be protected by the Court, including by Interim Orders.
The making of false, and knowingly false, allegations should be punishable by Law.
Children describing abuse to the Family Court of Australia should be protected by the Court, including by Interim Orders.
The making of false, and knowingly false, allegations should be punishable by Law.
Do you have any feedback on the tests to be applied by the court in considering whether to make a harmful proceedings order, or to grant leave for the affected party to institute further proceedings?
Enter your response here
In this matter, from independent material including a Family Report by the Family Court of Austalia, harm done to children and to a parent is identified.
The Family Court of Australia should grant leave, and grant leave specifically, for the affected party (ies) to institute further proceedings, including by the release of Court documentation contrary to Regulation 117 of the Family Law Act 1975 which, in this matter, included "this Report may only be furnished to the parties, the legal practitioners, the legal practitioners separately representing the child/children in the proceedings ....... other than for use in connection with the proceedings"
"Penalties may apply under Section 121 of the Act ...... other than
The Family Court of Australia should grant leave, and grant leave specifically, for the affected party (ies) to institute further proceedings, including by the release of Court documentation contrary to Regulation 117 of the Family Law Act 1975 which, in this matter, included "this Report may only be furnished to the parties, the legal practitioners, the legal practitioners separately representing the child/children in the proceedings ....... other than for use in connection with the proceedings"
"Penalties may apply under Section 121 of the Act ...... other than
Do you have any views about whether the introduction of harmful proceedings orders, which is intended to protect vulnerable parties from vexatious litigants, would cause adverse consequences for a vulnerable party? If yes, do you have any suggestions on how this could be mitigated?
Enter your response here
The impact on my children was what it was, despite them having the courage to speak with the preparing Counsellor.
The release of that Family Report put my children in a compromised position, residing in a residence with the mother and the maternal grandmother.
When information such as contained in the Family Report is before the Court, referencing the children not the parties to proceedings, the Court has an obligation and a responsibility to act in the interests of the children.
The school essay, written byRedacted textyears later, is instructive.
Those circumstances, included in the school essay, were alluded to in the Family Report.
No one acted.
In regards the false allegations, and known false allegations, made against me, the Family Court of Australia should have had the authority to refer these matters to the appropriate jurisdiction for prosecution.
The release of that Family Report put my children in a compromised position, residing in a residence with the mother and the maternal grandmother.
When information such as contained in the Family Report is before the Court, referencing the children not the parties to proceedings, the Court has an obligation and a responsibility to act in the interests of the children.
The school essay, written by
Those circumstances, included in the school essay, were alluded to in the Family Report.
No one acted.
In regards the false allegations, and known false allegations, made against me, the Family Court of Australia should have had the authority to refer these matters to the appropriate jurisdiction for prosecution.
Do you have any feedback on the proposed wording of the expanded overarching purpose of family law practice and procedure?
Enter your response here
No
The matters I canvass are specific.
And my children and I seek recognition.
The matters I canvass are specific.
And my children and I seek recognition.