Your experience with an Independent Children’s Lawyer (ICL): Survey

independent-childrens-lawyer

Independent Children’s Lawyers (ICLs) are assigned by the Courts to specifically and solely represent the best interests and rights of the children in the midst of a child custody or child contact dispute.

This may be the logic, however a lot of questions have been raised as to the quality of representation, the effectiveness of that representation, and knowledge and skill of the legal practitioners assigned, and the independence of these legal practitioners from ideologies that may compromise their effectiveness.

These concerns have been so significant the Australian government has recently assigned the Australian Institute of Family Studies to research into how ICLs could be better and more effectively utilised within the Court process.

Here we survey parents who have gone through the child custody dispute process and were assigned an ICL, to rate their experience.

What has been your experience with Independent Children’s Lawyer?

FAMILY COURT JURIES

 

The Voice of The Australian Constitution – Supporting Documents

A “Court” is a “place where Justice is administered”. “Justice” is “the protection of rights and the punishment of wrongs”. The Right to Trial by Jury belongs to everyone. It is inalienable, ie: it can neither be taken away nor given away. In any action in any Court, there must be the clear and unequivocal consent by both parties to be without a Jury – otherwise, the Court has no Jurisdiction to proceed summarily (which means “without a Jury”). Should a Court try to proceed without such consent, the Jurisdiction of the Court must be Challenged – whereupon only a Special Jury will decide whether Australians have the Right to Trial by Jury.

 

The Family Court, as it is presently constituted, is not a “Court” because the Right to Trial by Jury is being unlawfully denied. The Family Court is a “Den of Inequity” that exacerbates wrong and injury….. “in the place of Justice wickedness is there”.

 

It is the Democratic Right of every Australian to be able to access Trial by Jury for redress and remedy. If both parties to an action do not want to have a Jury Trial, then both must sign a Memorandum of Consent to that fact, and a Judge can hear, try and determine the case.

 

Also presently, the Family Court (by way of Judges) administers Statute Law which are merely Acts of Parliament and often the product of vested interest groups within the Parliament or the result of pressure being exerted by militant or mischievous groups upon the Parliament. Under the Australian Constitution, there are 3 Arms of Government, ie: the Executive; the Parliament; and the Judicature. Australian Judges are part of the Executive Arm of Government because they are appointed by the Crown of the United Kingdom, ie: Her Majesty Queen Elizabeth the Second. [This is a matter for resolution at another time].

 

“Judicature” means “the administration of Justice”, and the 19th century framers of the Australian Constitution knew what they were doing by using that word. They knew that the Judiciary, or “body of Judges”, is of the Executive Arm of Government and the presence of Judges in a Court is to ensure that the Judgments of Juries are carried out by employing the facilities under and at the disposal of the Executive, such as the Sheriff, the Departments of Police, Correction, etc..

 

Section 118 of the Australian Constitution guarantees that all Australians should enjoy all the Rights and Privileges as set out in the “Charters of Liberty”, ie: Magna Carta 1215; Petition of Right 1627; Habeas Corpus 1640; Bill of Rights 1688; etc., which became entrenched Constitutional Enactments in Australia in 1828, because of the likes of men such as William Charles Wentworth and others who transformed Australia from a Penal Colony under a military Governor into a country where Englishmen could be as free as if they were in England.

 

Fathers committing suicide as a result of Family Court Injustice is a senseless tragedy. Kids in Distress as a result of Family Court Injustice is an offence against the nation … all for the lack of knowledge ……. knowledge as to what is the Rule of Law.

 

It is the paramount duty and responsibility of a Jury to not only determine what are the facts but what is the law, to judge the justice of the law, to decide if the law is appropriately being applied, to judge the moral intentions of the parties, and to vote for a judgment entirely according to their conscience. This was known to our forefathers – but we have not been taught this Truth. Now, because of the arrival of the Internet, we can discover what has been withheld from us.

 

One party to a Family Court action may well decide that the existing Statutes are to their advantage – while the other party must believe that the Statutes are unfair. The Statutes are Acts of Parliament given Royal assent by the Executive. Judges are of the Executive to “well and truly serve” the Executive. However, “Law and Justice are not synonymous because a Law can be unjust” is a Legal Maxim.

 

Meet the ‘latte pappas’: The Swedish men who stay home to look after the children

This Story sent to us Thanks to Hans Ekblad

Sweden is the land of the stay at home dad and if you walk the streets of Stockholm you are bound to spot them. The Feed speaks with one Aussie dad who says he has it so good in Sweden he wouldn’t live back home.

They’re known as the latte pappas – the thousands of Swedish men who each year take substaintial leave to help with the rearing of their children while mums return to work.

Andrew Gillard is an Australian father who is living in Sweden with his wife Sara and their three children.

Andrew and Sara’s first two children were born in Australia with the third born in Sweden.

Sweden has some of the most progressive social policies in the world and since the 1970s the Swedish government has made it possible for both parents to take time off with pay to raise their kids.

“Here in Sweden the parental leave is a right, it’s a law,” says Andrew. “It’s basically the parents who decide who’s going to be the one to stay at home.”

“You do get a lot of dad’s who are basically pushing prams around.”

null

Swedish parents receive a generous 480 days paid leave per child that’s around 68 weeks paid at 80 per cent replacement wage.

The leave is shared between the parents and fathers must take at least two months.

This means every dad – from top CEOs to janitors – take substantial time off to share parenting responsibilities.

Andrew says it’s not uncommon to see a lot of young fathers looking after their children in a local cafe.

“You probably wouldn’t see the same thing happening in Australia,” says Andrew. “You’ve got four or five guys all around 30 years old pushing a pram, going into a cafe, and having a latte.”

“It’d probably look quite strange if you were doing that in suburban Melbourne for example.”

null

Sweden’s policy has been in place since the 70s and the impact is significant – about 80 per cent of Swedish mothers work, compared to just over 60 per cent in Australia.Abbott’s proposed Paid Parental Leave will give mothers 26 weeks paid leave at full salary capped at $100,000 dollars.

It allows for just 2 weeks out of the 26 to be taken by the father at his full replacement wage up to $150,000.

Damien Arnup is a stay-at-home dad in Australia who decided to be a full-time parent because his wife has the ability to earn more.

He says paid parental leave is really important for new parents who need to spend time with their children.

“Speaking to some people and their like ‘oh it’s daddy day today’ and I’m like it’s daddy day seven days a week,” says Damien. “Being able to have that time with your family and with your children is absolutely crucial.”

“The Swedish system… would benefit families here in Australia because everyone’s situation is different.”

“It’s a very short part of your life and… if you don’t get to be involved you’re really missing out.”

And while Sweden does pay high rates of tax – Andrew and Sara say it all helps to cover schemes that will benefit the children.

“I suppose people do take advantage of it, but then it’s there to be taken advantage of,” says Andrew. “At the end result the winner is the child.”

Join the conversation by following The Feed on Facebook and Twitter.

Standing Committee on Social Policy and Legal Affairs

Parliament of Australia

House of Representatives

Standing Committee on Social Policy and Legal Affairs

Thursday, July 03, 2014

Dear Members,

50/50 shared care is the civilised standard.

I write to you with deep sincerity and concern, at as to the health and wellbeing of children in these circumstances.

  • linkages between Family Court decisions and Child Support’s policies and processes; and
  • how the scheme could provide better outcomes for high conflict families.

“Family Court decisions” Oppression and Tyranny

From my 4 year experience with the Australian Family court judiciaries and associated bureaucracies, there is absolutely no rule of law or accountability, only an absolute maniacal sociopathic narcisstic lust for power and money.

I am witness to cronyism, corruption, abuse, misconduct and misbehaviour from Brisbane family court judges oldest and newest, reputably the most corrupt judiciary in Australia.

Corrupt ICL lawyers, family report writers, pseudo experts and practitioners, this is a dysfunctional criminally corrupt secret industry kept a corrupt secret with 121 FLA, ICL Child Lawyer and consultant’s purger to obstruct pervert and defeat justice.

In secret courts with NO juries, Our Children, our families, our culture, our future under attack from within, organised crime, graft, profiting from crime and judicial corruption ambush psychological war against Australian Children and Families, with destructive and lethal consequences’.

If men are to be precluded from offering their sentiments on a matter which may involve the most serious and alarming consequences that can invite the consideration of mankind, reason is of no use to us; the freedom of speech may be taken away, and dumb and silent we may be led, like sheep to the slaughter. George Washington (22 February1732 – 14 December1799)

It is an antisocial psyche war on children and families aimed at defeating justice for power and profit, thousands of Australian families are victimised, trapped every year.

Until there is true public accountability of judiciaries, bureaucracies and associate you are ‘pissing against the wind’

WE MUST CHANGE THIS FOR OUR CHILDREN AND NATIONAL BEST INTEREST, ONLY PUBLIC ACCOUNTABILITY WORKS, DEMOCRACY AND JURIES.

50/50 shared care is the civilised standard.

If for no good reason one parent works against 50/50 it could be said they are being dysfunctional, antisocial and should be assessed for personality disorder APD NPD.

Stop graft, exploitation and abuse in the child trafficking industry.

  1. Repeal rescind revoke and annul 121. Family Law Act (FLA) their iron curtain secret gag law stopping communication with the Australian public, covering corruption exploitation and abuse.
  2. Open the court objective truth, juries on appeals, not subjective bigoted parasitic judiciaries.
  3. Abolish legal aid. Stop funding corrupt illicit sex discrimination. Legal Aid should be nothing more than a self help webpage, not slush funds for politically violent corrupt law firms.
  4. Hold public employees to account, to the public, by the public, for the public.

Sincerely

Fathers Australia formally Fathers Union of Australia.

http://fathersaustralia.com/

The Committee will inquire and report on the following:

  • methods used by Child Support to collect payments in arrears and manage overpayments;
  • whether the child support system is flexible enough to accommodate the changing circumstances of families;
  • the alignment of the child support and family assistance frameworks;
  • linkages between Family Court decisions and Child Support’s policies and processes; and
  • how the scheme could provide better outcomes for high conflict families.

As part of this inquiry, the Committee has a particular interest in:

  • assessing the methodology for calculating payments and the adequacy of current compliance and enforcement powers for the management of child support payments;
  • the effectiveness of mediation and counselling arrangements as part of family assistance frameworks; and
  • ensuring that children in high conflict families are best provided for under the child support scheme.

In carrying out this review, the Committee should assess whether any problems experienced by payers or payees of child support impact on the majority of parents and other carers involved in the system, or a minority, and make recommendations accordingly (e.g. there may be a case for specialised processes and supports for some parents meeting certain criteria).

Committee, SPLAChildSupport (REPS)

Thank you for your submission to the Parliamentary Inquiry into the Child Support Program. The Committee has considered your submission,and hasdecided to publish it online.

All accepted submissions to Parliamentary inquiries have the protection of parliamentary privilege. Publication of your submission includes it being loaded onto the internet (with your signature and/or contact details removed) and being available to other interested parties including the media.

Your name may have been withheld from the published version of your submission either at your request or at the discretion of the Committee. If you would like to know what number your submission is, please contact the Secretariat.

If your contribution contains confidential material and you have concerns about it being published, please email the secretariat as soon as possible at childsupport.reps@aph.gov.au.

Individuals are also encouraged to complete the questionnaire. All responses to the questionnaire will be provided directly to the Committee.

If you have any questions regarding your submission or the inquiry, please contact the Committee Secretariat.

Parliamentary inquiry into the Child Support Program

(02) 6277 2223 | www.aph.gov.au/ChildSupport | PO Box 6021 Parliament House ACT 2600

Parliament of Australia House of Representatives Standing Committee on Social Policy and Legal Affairs

Saturday, July 19, 2014

Dear Members, As I have had nil response from my previous email.

I must insist that the committee publish my submission on indictment have been implied by the High Court from these parts of the Constitution. It is established that the Constitution protects ‘freedom of political communication’ or, in other words, the right of Australians to communicate freely with each other and with their elected representatives about political and public affairs.

The Parliament and government are linked in the relationship known as ‘responsible government’, which was described earlier. For this reason, we consider them together. These are powerful institutions, which control the law-making process.

Potentially, they protect rights in two ways: positively, by passing laws to protect rights that are not currently protected and negatively, by restraining themselves from making laws to infringe rights that are recognized by the common law or international law.

  •    CRIMES ACT 1914 – SECT 28 Interfering with political liberty Any person who, by violence or by threats or intimidation of any kind, hinders or interferes with the free exercise or performance, by any other person, of any political right or duty, shall be guilty of an offence.

Penalty: Imprisonment for 3 years.

A person is incapable of being chosen or of sitting as a Member if he or she has been convicted of bribery, undue influence or interference with political liberty, or has been found by the Court of Disputed Returns to have committed or attempted to commit bribery or undue influence when a candidate, disqualification being for two years from the date of the conviction or finding.

I wait your compliance.

Steven C Wickenden

Fathers Australia, formally Fathers Union of Australia, formally fathers Australia.

http://fathersunionaustralia.com/wp

Committee, SPLAChildSupport (REPS)

Dear Mr Wickenden,

Your submission has been published online. It is submission n.90, and is available at this page: http://www.aph.gov.au/Parliamentary_Business/Committees/House/Social_Policy_and_Legal_Affairs/Child_Support_Program/Submissions

Regards,

Thomas

Inquiry Secretary

Parliamentary inquiry into the Child Support Program

(02) 6277 2223 | www.aph.gov.au/ChildSupport | PO Box 6021 Parliament House ACT 2600

 

Tomorrows Town Hall sydney Lukesarmy protest 1pm 06 07 2014

Save Medicare Campaign Sydney's photo.

Just getting ready for tomorrows town hall protest. Lukesarmy and the Abused children will also be represented Too!. Help is Needed in handing Flyers, & talking to the Public . Just look for the yellow & purple ABUSED Children Flag .

The office of AC/DC Foundation. will have A table & a P.A. and much more sett up tomorrow. YOUR HELP is NEEDED for the Voiceless Children, handing out flyers & talking to the Public,PLease HELP ???.

Parliamentary Inquiry into the Child Support Program

The deadline to make submissions to the Parliamentary Child Support Inquiry has now been extended to Friday 4 July 2014.
If it helps, our understanding is that this inquiry will be about whether the existing system should be changed. We believe that the following six (6) changes should be made. These issues are listed below.
1. Child support should be based on net income and not gross income.
2. Overtime should be excluded from child support.
3. There should be a fairer cap on the maximum income to determine child support payments.
4. The payer should not be penalised if the payee chooses not to work. This is when the payee has the ability to do so.
5. Court-ordered custody arrangements should determine child support payments – not claims by the payee.
6. As a general comment, the child support system should be fairer
Your support (if you have not already done so) is encouraged by snding in your submission by 4 July 2014.
http://www.aph.gov.au/Parliamentary_Business/Committees/House/Social_Policy_and_Legal_Affairs/Child_Support_Program
Public Hearings.
Note – anyone can attend a public hearing and also give a three (3) minute talk to the Committee. This is during the Community Sessions. We would suggest that you take this important opportunity.
Future Public Hearing Dates (already held in Canberra (26 June 2014) and Sydney (27 June 2014)).
17 Jul 2014 – Canberra (2), ACT.
18 Jul 2014 – Melbourne, VIC.
21 Jul 2014 – Newcastle, NSW.
22 Jul 2014 – Queensland, QLD.
23 Jul 2014 – Mackay, QLD.
04 Aug 2014 – Adelaide, SA
05 Aug 2014 – Perth, WA.
06 Aug 2014 – Karratha, WA.
TBA – Ballarat, VIC.
TBA – Hobart, TAS.
Regards
John Flanagan
Non-Custodial Parents Party (Equal Parenting)

Traitor .. LNP Tony Abbot

Traitor .. LNP Bigots Tony Abbot

The Australian government has launched a $100 million Second Action Plan to stop domestic violence and violence against women and their children, NOT MEN AND THEIR CHILDREN.

http://www.womensagenda.com.au/talking-about/top-stories/tony-abbott-pledges-$100-million-to-fight-domestic-violence/201406274237#.U60gXJWKDIU

The doctor who took my baby away

As Dr George Hibbert, an ‘expert’ child-care psychiatrist, faces being struck off, we talk to one mother who was labelled unfit, while a whistle-blower gives an insight into his unconventional methods

Dr Hibbert faces being struck off by the General Medical Council following claims that he misdiagnosed many of his patients with mental disorders and tailored his conclusions to suit the view of the relevant social services departments - The doctor who took my baby away

 

Patrick Sawer

7:00AM BST 01 Apr 2012

“I miss my daughter so much when I’m not with her,” says Maria, staring longingly at a photograph of the pretty three‑year-old. “People who’ve seen me with her know I’m a good mother, but what Dr Hibbert said about me meant that I wasn’t allowed to keep her.”

The 36-year-old is talking about Dr George Hibbert, a controversial psychiatrist whose damning verdict on her character and personality resulted in Maria (not her real name) losing custody of her only child.

Maria’s story raises disturbing questions about the power one man could exercise over those he judged to be unfit parents. Between 2000 and 2010 he was commissioned by social services departments throughout England (who paid him around £6,000 per case a week) to determine whether the parents referred to him were fit to keep their children. As a result of his reports, dozens of children were separated from their mothers or fathers.

But in a sudden turn of fortune, Dr Hibbert, 59, now faces being struck off by the General Medical Council, following claims that he misdiagnosed many of his patients with mental disorders and tailored his conclusions to suit the view of the relevant social services departments. And it is indicative of the doubts being raised over Dr Hibbert’s methods that his assessment that Maria was suffering from mental health problems – which led to custody of her child being given to the father – was later contradicted by an eminent psychiatrist, who concluded that there was no evidence she was an unsuitable parent.

“If it wasn’t for Dr Hibbert, I could still be with my baby,” says Maria. “It has been terrible. Being without her, and only seeing her for short periods, is very upsetting. I feel so sad whenever I have to say goodbye. I miss her very much.”

The controversy surrounding Dr Hibbert comes at a time of growing concern over the activities of child‑care experts on whose opinion courts rely to determine whether a parent is a fit and proper person to bring up their own child. Only a few weeks ago a report by Professor Jane Ireland, a forensic psychologist, warned that decisions about the future of thousands of children are being based on flawed evidence from well-paid “experts”.

Maria, who is originally from South America and whose identity cannot be revealed for legal reasons, is a domestic worker in Oxfordshire. A naturally emotional woman, her tough life experiences have left her with a deep distrust of authority figures, and she has often – to her own detriment – clashed with social workers and those with influence over her child’s future.

Social workers originally become involved after Maria suffered a period of postnatal depression following the birth of her daughter in May 2009. She then entered into a dispute with the father of the baby over custody. The couple were estranged and their relationship had been troubled, at times violent.

Oxfordshire County Council referred her to Dr Hibbert because they believed her to be impulsive, volatile and unable to prioritise the needs of the child.

Maria was sent to the Windmill Hill Centre near Cricklade, Wiltshire, one of two residential family centres run by Dr Hibbert, the other being Tadpole Cottage outside Swindon. She was one of hundreds of parents sent there over the years, who spent up to 14 weeks at a time having every aspect of their behaviour and interaction with their children monitored and recorded as part of their assessment. The opinion of Dr Hibbert – who trained as a psychiatrist in Oxford and worked in the NHS for 20 years before setting up in private practice – was key in deciding whether a child should be allowed to stay with its mother or father.

As part of their assessment, Maria and the other parents were set a number of weekly challenges. These included doing a large supermarket shop for about 14 residents and staff and involved loading and manoeuvring two heavily laden trolleys while simultaneously looking after their child. Another “challenge” required the parent to vacuum the stairs at the centres while holding their child.

But the tyre-changing exercise was the one Maria and the others dreaded most. This required the parent to wait until it was nearly time for the baby to be fed before driving into the country, accompanied by an assessor. Once in an isolated spot – by which time the child would, in all likelihood, have started crying for a feed – a “breakdown” would be staged. The parent would then be required to change the tyre while looking after the increasingly fractious baby. The challenge was designed to observe the parent’s interaction with their child in what was undoubtedly a stressful situation.

“I’d never changed a tyre before in my life,” says Maria, “but fortunately my baby was only whining a bit, so I could go back and forth from her to the tyre, comforting her and then working on the wheel. I managed to change the tyre and drove the six miles back to the centre to feed her.

“The stair-vacuuming task I passed easily, too, carrying my baby in one arm and hoovering with the other,” she continues. “But one poor 17-year-old girl failed. She was really upset.”

Maria maintains that she did all that was asked of her during the residential assessment, and that towards the end of the 13-week period Dr Hibbert indicated to her directly that he would recommend her as a fit mother.

“He told me he thought I was a good mother, even if I could be a bit emotional and temperamental,” she says.

A few days later, however, following a row between Maria and Dr Hibbert over what she claimed was the inappropriate behaviour of a male parent at the centre, he appeared to change his mind. Indeed, he is understood to have told social services that she had a level of personality dysfunction which, under stress, would lead to behaviour indicative of a personality disorder.

Maria was left shattered by Dr Hibbert’s comments – and by what happened next.

After receiving his report, together with the advice of social services, the family court ruled that Maria should not be given custody of her baby. In May 2010, after a period of foster care, custody was awarded to the father of the child. Maria was initially allowed only two hours a week contact under the supervision of social workers.

“Dr Hibbert said I behaved in an unpredictable way,” says Maria. “But everyone who knew me and saw me with my daughter said I was a good mother.”

Those impressions were confirmed by a whistle-blower who worked for Dr Hibbert until the Windmill Centre’s closure in August 2010. “From what I saw, Maria was a perfectly normal, loving mother,” she says. “She was caring and organised. She had problems with Dr Hibbert because he would deliberately push her over the edge, but I couldn’t see that she had any problems with her baby.”

The whistle-blower, speaking exclusively to The Sunday Telegraph, has more than 20 years’ experience of working with children. “Dr Hibbert would deliberately needle people,” she continues. “The entire assessment situation was set up as a deliberately unnatural environment for a mother or father, in order to make them feel very uncomfortable.”

She claims that on one occasion Dr Hibbert put his fingers in his ears and chanted, “Nah, nah, nah, I’m not listening”, when one mother tried to raise her concerns with him.

She also claims that another woman who had a habit of writing “to do” lists as a way of organising her day was deemed to be obsessive; while a young father was judged as having paedophile tendencies after Dr Hibbert saw him lying on the floor cuddling his four-year-old daughter while they watched the BBC’s CBeebies together.

The whistle-blower has subsequently raised her concerns with John Hemming MP, who campaigns for greater transparency in family courts, and is now prepared to give evidence at the GMC hearing.

Dr Hibbert’s work was lucrative. Companies House records show that profits for his company, Assessment in Care, rose from £23,000 in 2001 to a peak of £468,000 in 2007. The company – which he ran with a solicitor specialising in child-care cases – is now understood to be worth £2.7 million, while his family home, set amid the rolling Wiltshire countryside, is worth an estimated £500,000.

But in what seems to have been an attempt to limit any action the GMC could take against him, Dr Hibbert closed the assessment centres and wrote to the council offering to voluntarily withdraw his name from the medical register, stating that he had “no intention of returning to clinical practice in the future”.

The GMC refused his request. It decided that it was in the public interest for the matter to be fully investigated “because of the unresolved concerns regarding his fitness to practice”.

Dr Hibbert was unavailable for comment. Speaking on his behalf, a spokesman for the Medical Protection Society says: “Dr Hibbert is unable to comment on allegations raised in relation to care of a patient due to his professional duty of confidentiality. We can confirm that Dr Hibbert is co‑operating with an ongoing General Medical Council investigation and that no findings have been made against him.”

As for Maria, when her case returned to court earlier this year, matters took a turn for the better. In contrast to Dr Hibbert’s opinion, experts found no problems with Maria’s mental state and no evidence that she posed a risk to her daughter. As a result, the court ruled that Maria should have increased access to her daughter, including an overnight visit once a fortnight on top of six hours together every Monday.

In time, Maria hopes to be allowed by the court to spend more time with her daughter. But she remains bitter about her treatment at the hands of Dr Hibbert.

“I’m so happy that I’m seeing my baby for longer now. It’s lovely being with her,” she says. “But I wouldn’t be in this position if it wasn’t for Dr Hibbert. Other mothers have suffered in the same way because of him – and it must not be allowed to continue.”