Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Interstate Child Protection

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
Calmar View Drop Down
Legal Guru
Legal Guru


Joined: 20/April/2013
Location: Australia
Posts: 1307
  Quote Calmar Quote  Post ReplyReply Direct Link To This Post Topic: Interstate Child Protection
    Posted: 31/October/2017 at 18:55
Back in 2016 orders to 18 were revoked in court proceedings I was deliberately excluded from (there was a subsequent judicial complaint upheld in that respect - i.e. in law I should have been included). Unfortunately the children moved interstate the next day, rending an appeal and a recovery attempt useless.

Within three months both children were back in care and within a year orders to 18 were made in the new state (this month).

Basically one parent had moved interstate and child protection wanted the case gone at any cost. They allowed the parent to make the revocation application and simply consented. It is worth nothing the parent in question is now in a third state trying to avoid an assessment order having being deemed a risk to themselves, the children and others.

My experience with child protection has been positive, unfortunately it seems there is always one rotten apple in the barrel. One case official described the children's trauma as some of the most extreme they had seen. Fortunately, now they are slowly on the way to recovery.

I should add the children first went into care in 2013, proceedings were dismissed in 2014, then again into care in 2015 with orders to 18 the same year. And now in 2017 a third time into care with orders to 18 again made.


Edited by Calmar - 31/October/2017 at 18:56

emca01 View Drop Down
Legal Guru
Legal Guru


Joined: 20/July/2012
Location: Australia
Posts: 2146
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2017 at 10:26
Hey Calmar, I hope you are well... This has been a debacle. I'm not exactly sure what you're asking? Are you now trying to recover the kids?

Do you have a no-contact order prohibiting you from contacting them?

Calmar View Drop Down
Legal Guru
Legal Guru


Joined: 20/April/2013
Location: Australia
Posts: 1307
  Quote Calmar Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2017 at 18:35
Hi Eamon

Really I guess a warning that very rare though it is, to have an open mind to protection issues. Fortunately I have evidence that they also lied and misled in Court. The problem is once interstate the damage was done. They got what they wanted, rid of the case.

In essence, there are no contact orders, beyond giving total discretion to child protection. I would add this is in the "new" state. Their focus is literally stability for the children, then to allow them to indicate what contact they would like and to take that into account.

The basic problem in my view is one parent has mental health issues that have deteriorated and where only assessed by consent once interstate and never truly appreciated. That led to a process to get a guardianship order over the parent who then absconded to avoid the second assessment which led to the current final orders.

I hope also things have gone smoothly for you - you look for an ending, but I guess there never is one!

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.