Consenting to Establishment
- Category: Childrens Court
- Created: Monday, 15 August 2016 13:26
- Written by Administrator
When children are removed on Emergency Orders (without going to court), they (FACS) have to bring the matter to court and explain to the judge why they removed the children, and justify their actions with solid evidence. They can adjourn the matter twice (14 days at a time), but at the end of this time, the Emergency Order cannot be extended and the magistrate must decide whether to throw out the case and dismiss it because of lack of evidence, or to decide that there are grounds and make an interim order and set another date for hearing.
Most legal aid leeches tell their clients to "Consent to Establishment", and their kids will be home in maybe two years, and that if they do not, the kids will never come home. This means that most naive people consent.
Unfortunately what it really means is that you agree that you cannot look after your children properly, and consent to your children being placed under the care of the minister. That means that you are not prepared to fight against the reasons for removal and you agree that you're not a good parent.
It also means that caseworkers do not even have to provide any evidence to the magistrate to show why they removed the children.
What they don't tell you is that in two years, the caseworkers will argue that the children are settled, the children have bonded with the carer, the children do not want to come home etc. That is if you can even get the matter into the court because they've created legislation where now you have to ask permission to bring the proceedings back into the court and most of the time the magistrate says no anyway.