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02 June 2017

It’s a long road

Family Law
Federal

Asked

This is more of a procedural question.

I am assisting a man applying for parenting orders in the Federal Circuit Court. The parties are divorced, but did not seek either property or parenting orders from the court. For a few years, visits between the father and his daughters proceeded satisfactorily, but the mother progressively decreased the visits. She has also turned the daughters against their father and they now say they want nothing to do with him. The last contact was over 12 months ago.

A child inclusive conference was held last week, followed by a directions hearing.

The memorandum of the conference noted that the daughters held strong views against seeing their father again. The father wants an opportunity to re-establish a relationship. The court did not order that an independent children’s lawyer be appointed, in favour of moving straight to a final hearing.

I would like to put on some expert evidence that would support the father's case. The rules on expert witnesses don't appear to assist in this circumstance. Certainly neither the mother nor the girls will cooperate. Any suggestions as to how I can do this?

Many thanks.

Answered

Thank you for the question.

It is unclear whether a family report has been ordered. Without one, the court will only have the evidence of the parties and no expert evidence as to what is in the best interests of the children. Whilst the mother may not want to cooperate, the court can order the attendance of the parties and the children at the family report appointment. If the mother fails to cooperate, she could be cross examined about that and the court can take into consideration her behaviour when making orders.

In alienation cases, it is not as simple as just going to a final hearing. Often repairing these relationships take a lot of time (if they can be repaired at all) and requires intensive therapeutic counselling and a graduated increase in communication between the father and children. It would be preferable to have interim orders for therapeutic counselling (reportable) and the father’s first contact with the children may take place as part of that counselling.

Here are some cases on alienation, including interim orders, and also on reversal of care when there has been alienation:

Bangi & Belov

Sandford & Cobb – therapeutic counselling ordered

Arranzio & Moss – reversal of care

McGregor & McGregor – published research used in alienation cases

Tambe & Rangan – reportable child inclusive therapy

The client needs to understand that it is usually a long process, both during the conduct of proceedings and afterwards, and he needs to be prepared for that.

We suggest that your client seek interim orders for intensive therapeutic counselling and the final hearing should be delayed until after that process has been started and a report can be prepared.

Regards

Mentor