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Conversations from the coalface of the family law system in Australia. For more see www.mediationanswers.com.au
Episodes
Sunday Oct 20, 2024
Sunday Oct 20, 2024
"the wider family law umbrella" why Rafton's sponsor at Pacifica Congress, Cairns, 2024
- Sponsoring coffee cart at Pacifica Congress.
- RAMP - Rafton's Arbitration and Mediation Practice
- Maurice Edwards, and his role at RAMP
- sponsorship and importance of interdisiplinary conferences with input from social scientists and psychologists and all those in the wider family law umbrella.
- History of Rafton's and Kate's legal career.
- offices - Hawkesbury, Penrith, Glenmore Park, Macarthur office, Sydney, Parramatta office. Balmain - care and protection.
- Discussion of arbitration. Why is there reluctance to recommend Arbitration? Some practitioners may have a lack of confidence re the process. Maurice Edwards
- Kate's interest in the coverage of blended families at the conference. Difference parenting styles, attachment issues. Time arrangements.
Thursday Oct 17, 2024
Thursday Oct 17, 2024
Dr Leo Schep
- Analysing hair, urine and blood tests.
- You can usually tell if someone is using medical marujiana or if there is recreational use based on the results.
- Timelines for how long tests can work - urine, blood vs hair follicle tests AND also depends on the type of the drug (this is a must listen to).
- "What implication does that have on the impairment of the individual?"
- If someone uses a drug once does it show up in the test? May be a small blip on the test. You cannot correlate back to a dose, but some studies can bracket results in low, medium, high.
- Leo says you can get an estimate of drug use in a test. CDT testing (alcohol use).
- Benefits and negatives of various tests - hair, blood, urine. Understanding what each test offers.
- What should lawyers include in the instructions to a toxicologist. "We can form a conclusion with caveats" from drug testing.
- What killed Alexander The Great? (Interesting discussion).
- Illustrating the importance of cross disciplinary discussions.
www.pacificacongress.org
https://www.toxinform.com
Wednesday Oct 09, 2024
Wednesday Oct 09, 2024
"Coming home" with Dr Phil Watts at the Pacifica Congress Cairns 2024, on value of Pacifica Congress Conference, cross examination and norms in psychological tests
- Burn out. People are overloaded. Due to a lack of appreciation. Most people are not appreciative of what we do.
- Importance of support network. Brintyn shared his experience of what did and did not work. We do work in a risk zone. What can we do to manage risk.
- When cross examining an expert, key part is psychological tests are normed on a group of people. Westernised, English speaking people.
- Test may be of low validity if they have little connection with Anglo Australian background.
- Ask who was the test normed on? Looking at the presupposition of why the test was administered.
- Value of Pacifica Congress conference. "A bit like coming home." Where 100% of the content was relevant.
Tuesday Oct 08, 2024
Tuesday Oct 08, 2024
- Phil Stahl on report writing and helping report writers to develop a method for how they write reports.
- Looking at the strengths and weaknesses of the report.
- What are the common issues with reports?
- Across the board one of the issues is a lack of depth. For example ask the parent why they are concerned. Why they believe certain things. What they know about their children's needs and how to meet those needs.
- Sometimes reports don't tie the connection between the issues they are evaluating and parenting and co parenting.
- Also some reports do not have a forensic mindset. We need to question more.
- Ask "Tell me more" or "help me understand".
- Need to have risk benefit analysis of different parenting plans. Making recommendations.
- Also toxicity in working in family law space. What can help address the toxicity? More peacefulness, more collaborative approaches.
- Rather than a system of blame instead move to problem solving and being future focused.
- "What do you think your child needs when all of us are out of your life?" Get the parents in the mindset of problem solving.
- Rather than have them "be right" have them do right. Each individual has a role to play in solving the problems.
- Peacefulness. Can we lover the temperature. Move from this to this.
Monday Sep 30, 2024
Monday Sep 30, 2024
"The Outcomes for Families" - Amanda Little at Pacifica Congress, Cairns, 2024
The value of interdisciplinary conferences. We are constantly "Calling on all the other knowledge" . The value in family law of understanding other areas. Interdisciplinary referrals. Collaboratively working with each other.
Family Law Education Network is also finding that other professionals have jointed FLENA. Family law professionals.
History of FLENA. Precedents services that FLENA offers. Also discussion of AI.
www.pacificacongress.org
https://familylawedu.com.au/
Tuesday Sep 10, 2024
Tuesday Sep 10, 2024
The Hon Steven Strickland KC, Justice Tom Altobelli AM, Stephen Foley, Dr Simon Kennedy, Nadine Udorovic, Dr Peter Krabamn, Clare Rowe and Leigh McBean.
Monday Sep 09, 2024
Monday Sep 09, 2024
“bite the bullet” proposed changes to the Family Law Act, The Hon Steven Strickland KC, Pacifica Congress Cairns
Inside Family Podcast: Pacifica Congress Cairns 2024 series
The Honourable Steven Strickland KC
Exposure draft. Proposed amendments to Family Law Act. Proposed provisions that would allow the Court to consider family violence in property matters. The proposed amendments would be beyond the scope of Kennon. Issues and benefits of such amendments. This may create the need for lengthy affidavits and delays.
The Hon Steven Strickland’s views about if such amendments should come into force. His view is it has to be brought in “it is necessary, but the issue is how it is done. There may only be one way to do it – just bite the bullet and you have to have to your fight in court.”
Flow on effects into settlement negotiations and mediation. (Mediating in the shadow of the law, but there is no jurisprudence on this probably for some time).
Cross fertilization at Pacifica Congress conferences “it’s different.”
To join Pacifica Congress or attend their next event see https://pacificacongress.org/
https://stevenstricklandkc.au/
@INSIDE FAMILY LAW SPOTIFY OR PODBEAN https://zoedurand.podbean.com/
Monday Sep 09, 2024
Monday Sep 09, 2024
“What’s gone wrong?”, dangers of too much screen time for children in a post covid world, Simon Kennedy, Pacifica Congress Cairns
Inside Family Podcast: Pacifica Congress Cairns 2024 series
Simon Kennedy
Covid and changes to children’s lifestyles. Issue of if there is over diagnosis of ASD. In Dr Kennedy’s perspective there is a current over diagnosis of ASD and ADHD, in particular since covid.
Why aren’t my kids functioning properly? Issue of screen time with children and anxiety. Children being over exposed to things that are not positive for their mental health.
“Parents take their children to a psychologist or a neurologist and ask ‘what’s gone wrong’ and they will say ‘you clearly have ASD or ADHD.’” 10 years ago we did not have children on screens to this extent.
Not enough physical activity. Issue of assessors not looking at context around things. Too much time on screens replacing normal activities. Don’t go searching for unusual diagnosis if there has been a problem since the child was very young. We need to get back to “what makes kid tick.” Parents need to be in charge.
Issue with the over use of screens. Also issue around the content of what children are watching. Problems with children learning about sexuality via pornography as opposed to organically, gradually and within a relational way. Strangulation in porn.
“It’s entirely reasonable for parents to coordinate their children’s lives… rather than put them in front of a screen and hope for the best.”
To join Pacifica Congress or attend their next event see https://pacificacongress.org/
https://www.psychologycamberwell.com/
@INSIDE FAMILY LAW SPOTIFY OR PODBEAN https://zoedurand.podbean.com/
Monday Sep 09, 2024
Monday Sep 09, 2024
“We take the burden off”
Inside Family Podcast: Pacifica Congress Cairns 2024 series
Leigh McBean
Sponsorship of conference. How the funding process works. Inability to pay legal fees creating pressure for clients and lawyers and also affecting the dynamic between lawyers and clients. Demographics of who uses JustFund. Interim applications re release of funds VS legal lending. Nitty gritty of legal lending, for example approval, updates and interest etc. Issues re other forms of lending i.e. redraw on home loan, credit cards.
To join Pacifica Congress or attend their next event see https://pacificacongress.org/
@INSIDE FAMILY LAW SPOTIFY OR PODBEAN https://zoedurand.podbean.com/
Monday Sep 09, 2024
Monday Sep 09, 2024
“the flippant way”
Inside Family Podcast: Pacifica Congress Cairns 2024 series
Clare Rowe
The issues with accessibility of psychological terms in the mainstream and in particular social media. I.e Tik tok or Instagram diagnosis or narcissism, or BPD. Difficulty of seeing the other party through the lense of personality disorders and the sense that it then means the matter cannot resolve or progress.
Information on the Family Report Writers Network.
https://www.roweandassociates.com.au
https://www.familyreportwriters.com.au/
To join Pacifica Congress or attend their next event see https://pacificacongress.org/
@INSIDE FAMILY LAW SPOTIFY OR PODBEAN https://zoedurand.podbean.com/