Showing posts with label family. Show all posts
Showing posts with label family. Show all posts

Monday, February 29, 2016

Here is another case of the doc taking the children out of a home with out warants and the strong arm of the law how bloody descusting are they

My mum was looking after my two sons 8 and 2 while I sorted some issues I am dealing with.During that time my brother and I had an argument that was non physical one night while boys were sleeping and police were called. Welfare came in the next day and removed my boys from her care.I have signed them over to her with full parental rights given to her as there mother is a junkie and hadn't seen them for over two years. Can someone help with information as to what she can do as welfare are going to court for a 2 year order to keep them in care.mum Has done nothing wrong she called the police and protected my boys from any dv Brisbane welfare stated to her the boys should not have been removed and should have been given straight back.She is lost as to what to do.they want her to apply as a foster carer .she is there grandmother not a foster carer please please please help this is destroying her and my children.kind regards nathan


Tuesday, February 23, 2016

QUESTIONNING AN EXPERT WITNESS IN THE FAMILY COURT.

FAMILY LAW RULES 2004 - REG 15.65
Questions to single expert witness
(1) A party seeking to clarify the report of a single expert witness may ask questions of the single expert witness under this rule:
(a) within 7 days after the conference under rule 15.64B; or
(b) if no conference is held, within 21 days after receipt of the single expert witness's report by the party.
(2) The questions must:
(a) be in writing and be put once only;
(b) be only for the purpose of clarifying the single expert witness's report; and
(c) not be vexatious or oppressive, or require the single expert witness to undertake an unreasonable amount of work to answer.
(3) The party must give a copy of any questions to each other party.
Note A party may cross-examine a single expert witness (see rule 15.50).
FAMILY LAW RULES 2004 - REG 15.66
Single expert witness's answers
(1) A single expert witness must answer a question received under rule 15.65 within 21 days after receiving it.
(2) An answer to a question:
(a) must be in writing;
(b) must specifically refer to the question; and
(c) must:
(i) answer the substance of the question; or
(ii) object to answering the question.
(3) If the single expert witness objects to answering a question or is unable to answer a question, the single expert witness must state the reason for the objection or inability in the document containing the answers.
(4) The single expert witness's answers:
(a) must be:
(i) attached to the affidavit under subrule 15.62 (2);
(ii) sent by the single expert witness to all parties at the same time; and
(iii) filed by the party asking the questions; and
(b) are taken to be part of the expert's report.
FAMILY LAW RULES 2004 - REG 15.63
Contents of expert's report
An expert's report must:
(a) state the reasons for the expert witness's conclusions;
(b) include a statement about the methodology used in the production of the report; and
(c) include the following in support of the expert witness's conclusions:
(i) the expert witness's qualifications;
(ii) the literature or other material used in making the report;
(iii) the relevant facts, matters and assumptions on which the opinions in the report are based;
(iv) a statement about the facts in the report that are within the expert witness's knowledge;
(v) details about any tests, experiments, examinations or investigations relied on by the expert witness and, if they were carried out by another person, details of that person's qualifications and experience;
(vi) if there is a range of opinion on the matters dealt with in the report -- a summary of the range of opinion and the basis for the expert witness's opinion;
(vii) a summary of the conclusions reached;
(viii) if necessary, a disclosure that:
(A) a particular question or issue falls outside the expert witness's expertise;
(B) the report may be incomplete or inaccurate without some qualification and the details of any qualification; or
(C) the expert witness's opinion is not a concluded opinion because further research or data is required or because of any other reason.