ALECOMM

When your parents separate, they may go to a court to help them decide who you will live with.    Sometimes, they can agree about where you should live, but might ask the court to help them organise how you spend your time and communicate with the parent you don't live with.

Will anyone listen to what you have to say?
What you have to say is very important. The court will want to know what you think before it makes any decision. Maybe you don't want to say what you want. That's okay too. Nobody will force you to talk about things you don't want to discuss.  Well they tell you this in the brochure, but truth be told your ICL will taunt you and tell you that you are going to live with the abusive violent parent you basically do not know --- Amanda Steiner is great at this -- she will make ten year old children cry by telling them they will not see their mummy again for a long time.

How can you be sure the court will listen?
You won't have to go to court and speak yourself. We understand that could be hard for you. Instead, a person called an Independent Children's Lawyer (ICL) will talk to you on your own before the court day. They will not put forward what your wishes are at all - so start writing your own affidavit and have somebody you trust submit it for you. 

What should you tell your independent lawyer?
Tell your lawyer as much as you can.   Even though they will not listen.  This way he or she will get a really good idea of what you think.   No that they will convey this to the magistrate as they are legally obliged to do so under their contractual obligations.  Everything you say will help your lawyer understand what is happening in your family.  Your lawyer will ignore the fact that there has been family violence, she will ignore the fact that you are happy and settled where you are and do not want to be moved.  She will fail to present your mothers side of the story in order to protect you.

Will your lawyer only talk to you?
No. Your lawyer will need to get information about your family.  This means they might need to talk to your teacher, to your counsellor if you have one-people who know you and your family well.  All this will help the lawyer work out what is best for you.  Thats a load of crap.  They will ignore any and all statements and affidavits by anybody relating to you that does not have her interest in mind - that being not destroying your family.  She will not fight to have all the evidence supporting you staying where you are and even medical reports and psych reports will be thrown out by her to suit her own agenda.

Do you have to tell your parents what you said?
No.  Anything you tell your independent lawyer should be kept between the two of you.  You don't have to tell anybody else.  But you should because guaranteed your ICL only cares about what comes into their pockets.

Will you have to talk to anybody else?
Sometimes it is hard to work out what is happening in a family.  This makes it difficult for the court to work out what will be best for you.  When this happens, the court will ask you to meet a special witness, usually a counsellor, sometimes a doctor.  This person will prepare a report for the court.  This report is called evidence.  They call it evidence but how could somebody who only has known you about six hours possibly have more understanding of the family dynamics than the family doctor and psychologists and teachers that they refer to above with reference to the ICL speaking to.  This so called evidence is the biggest heap of garbage that only profits court psychiatrists that have no other skills -- take Andrew Smith for example of Byron Bay -- these guys can actually admit that the child may be at risk of domestic violence by the father however, he says, that after forcing the child to live with the father for a few months, without any contact with his mother, the child will "settle down" --- well of course he will Andrew, he will have Stockholm Syndrome you retarded fool.

When do you talk to your independent lawyer?
Whenever you want to.  Doesn't mean they will listen though.  He or she will make sure you know how to keep in touch with one another.  Your lawyer is often in court so make sure you leave a message so that s/he knows you telephoned and want to talk.  And if that doesn't work -- put your story up on youtube, or alecomm.com as we will assist your lawyer in abiding by their international obligations when it comes to the Rights of the Child.  Happily.

Will the court do what you want?
The court will listen to what everybody in your family has to say.   Not if its Judge Jarrett -- he will only listen to the Expert Court Reporter who has the least knowledge of the family.  He will dismiss every other affidavit and application by the mother in support of you and your circumstances.  Judge Jarrett states that affidavits supporting the mother are of no concern to him.  (*Transcript)  On the court day, your lawyer will be there specially to look after your best interests.  Baaaahaaaahaaaaa.  Your lawyer is there to cash in on your misery - and they do this very well.  You do have the right to complain and ask for them to be dismissed if for example they are disrespecting you, but should you have a magistrate like Judge Jarret you will be ignored -- As you the child aren't entitled to have your say.  (*Transcript also)   The judge will then consider the matter carefully and decide what is best for you.   Bullshit he will.  He will not take into account documented and substantiated evidence of domestic violence by the father, including victims of compensation payouts, police reports, psychiatrists reports -- he does what he likes and that seems to be family destruction and sending children to abusers.  Sometimes, not often, this may be different to what you want.  It will always be NOT what you want.  That would be too logical and this man would be miserable without his powerful control running amok in the lives of innocent families.

Who will tell you what the court has decided?
The court will make a decision called a Court Order.  Your lawyer will explain exactly what it means to you. If you have any questions, make sure you ask him or her.  He or she will then try to make sure things happen the way the order says they should.

What if you're unhappy because the court has decided you should live with the parent you don't want to live with?
It is a hard decision for the court to make but the judge will only make it after listening to everyone.  Sometimes you might not be happy with the decision.  Maybe you will not understand the reason for it.  You might even disagree with it at the time.  So it is important you remember that the court's main reason for the decision is always what is best for you.  Bullshit.

Your lawyer can ask different judges to think again about the court orders. This is called an appeal. This doesn't happen often, and will only happen if he or she thinks the court orders are not in your best interests and that they will win the appeal. Usually, only parents appeal.  Except if you're in Brisbane Magistrates Court - your application for appeal and a stay of orders will be heard by the same pig that previously sent your children to live with their abusers. 
You can always ring your independent lawyer if you feel worried about the decision or if you keep having problems.  Don't waste your time they are not interested in what you want you should know that by now.

What if you are unhappy about your lawyer?
If you have a problem it is always best to talk about it with the person you are dealing with. We will listen to you and where we can, we will try to resolve your problem.

If you still feel unhappy, you can either fill in a complaints form or write a letter and send it to:

Complaints, Legal Aid NSW, PO Box K847, Haymarket NSW 1238 or email us:
This email address is being protected from spambots. You need JavaScript enabled to view it.">This email address is being protected from spambots. You need JavaScript enabled to view it.

If you are not happy with how we have resolved your complaint, you may contact the NSW Ombudsman on 02 9286 1000 or 1800 451 524 (free call outside Sydney) or email: This email address is being protected from spambots. You need JavaScript enabled to view it.">This email address is being protected from spambots. You need JavaScript enabled to view it.
^{_{(Source: http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/independent-childrens-lawyer-for-kids)}}

You must be logged in to comment due to spam issues.