Were your children removed on an Emergency Order?
- Category: Dirty tricks and tactics caseworkers use
- Created: Friday, 26 August 2016 19:03
- Written by Administrator
In NSW the law regarding the removal of children without a warrant and prior to court proceedings has different legal time-frames and requirements in as far as what type of orders can be made and what kind of extension the courts are permitted to grant.
First of all the department has to bring the matter to the court within three days. Secondly the Emergency Care and Protection Order is valid for only 14 days, of which it may be extended for another fourteen. At the end of this time the magistrate has to make a decision as to whether the children were in need of care and protection, and this is a final order. He is not permitted to extend the order, he is not permitted to grant adjournments so that caseworkers can start piling up the paperwork they do that usually confuses the judge and takes his attention from the matters first at hand.
The law says this : If an ECPO is made, it will have a life not exceeding 14 days and may be renewed for a similar or lesser term on one occasion only: s 46(3). A child who is subject to an ECPO is usually placed in the “care responsibility” of the Director-General, but another person may be allocated care responsibility. Unlike an interim care order, an ECPO and an extension of an ECPO are “final” orders. Once it is made, the proceedings are at an end and there can be no question of a further court date. Having made the ECPO, the magistrate is “functus officio”. There is no power to make contact or other orders.
For further information see : https://www.judcom.nsw.gov.au/publications/benchbks/local/care_and_protection_jurisdiction.html#d5e25825