“The judge can only make findings of fact where, on the affidavit, the facts are the same—they actually agree. He can't make findings of fact where the facts are denied. Often the only facts that are agreed, on the two affidavits, are the date they got married, their ages, and the ages and dates of birth of their children—not even the time they divorced, or the time they separated. The judge is then like: 'I can't make any decisions on the facts because there's very few that are in common. I've essentially got to go on my gut, on "what do I do now?"' If there are allegations of violence, they might err on the side of caution and they'll order some supervision—maybe only daytime, not overnight—for the interim until another interim hearing, or the final hearing.”
Anonymous 23 Feb 2018
| Said by | Anonymous | |
| 23 Feb 2018 | Source | Senate Hearing Parenting Management Hearings and Family Violence Amendments |