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Family Court Decision Making that Escalates Risk - Response to the ALRC Review of the Family Law System

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Category: Family court ordered child sexual abuse
Created: Sunday, 11 August 2024 22:49
Written by Alecomm2

The attached submission outlines numerous cases where children disclosed sexual abuse by a parent or step-parent, and the outcomes regarding custody. The findings are troubling, as they indicate a pattern where allegations of sexual abuse are frequently dismissed, and custody is often awarded to the accused parent. Here are key points from the document:

  1. Sole Custody Awarded to Alleged Abusers:

In many cases, despite children disclosing sexual abuse, sole custody was awarded to the father, often the alleged abuser. For example, in the Watson & Burton (2015) case, the children disclosed sexual abuse by the father, including anal abuse, yet the father was granted sole custody.

Similarly, in the Bilney & Brisco (2013) case, despite the mother repeatedly notifying authorities about the father's alleged sexual abuse, the court awarded sole custody to the father. The court expert labelled the mother as delusional, dismissing the abuse allegations.

  1. Dismissal of Children's Disclosures:

In several instances, judges disregarded children's disclosures of sexual abuse. For instance, in Prentice & Wilfred (2017), the judge suggested that the child's disclosures might have resulted from suggestibility rather than actual abuse, leading to the father being granted sole custody.

In the Stapleton & Hayes (2009) case, despite children detailing specific instances of abuse, including vaginal and anal penetration, the father was granted sole custody.

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Lawyers to provide early intervention in care and protection matters

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Category: Child Protection NSW media and newspaper articles
Created: Wednesday, 25 October 2023 16:17
Written by LSJ Online - Keely McDonough

Child in a yellow raincoat, carrying a yellow umbrella walking on a roadFamilies involved in care and protection matters will now be referred to access early legal advice, under a new partnership between the NSW Government and legal agencies aimed at reducing the over-representation of Aboriginal children in out-of-home care.  

It comes as new laws are expected to come into effect in November that require the Department of Communities and Justice (DCJ) to take “active efforts” to prevent children from being removed, as well as restore children to their parents or place them with family.  

In response, Legal Aid NSW, the Aboriginal Legal Service (ALS), and DCJ have entered into a partnership that will mobilise solicitors to provide early independent legal advice to support families in the care and protection jurisdiction and avoid unnecessary separation.  

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How the elderly lose their rights

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Category: Guardianship
Created: Monday, 09 October 2017 09:44
Written by Rachel Aviv - New Yorker

After a stranger became their guardian, Rudy and Rennie North were moved to a nursing home and their property was sold.

For years, Rudy North woke up at 9 a.m. and read the Las Vegas Review-Journal while eating a piece of toast. Then he read a novel—he liked James Patterson and Clive Cussler—or, if he was feeling more ambitious, Freud. On scraps of paper and legal notepads, he jotted down thoughts sparked by his reading. “Deep below the rational part of our brain is an underground ocean where strange things swim,” he wrote on one notepad. On another, “Life: the longer it cooks, the better it tastes.”

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Magistrate Carney wreaking havoc on innocent families in Sydney’s South-West.

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Category: NSW DHS - FACS
Created: Monday, 25 December 2023 18:23
Written by Alecomm

Petition · Stop Alberta child welfare from policing itself · Change.orgSix weeks after DoCS took baby "Doc" into "care," they're still breaking every law possible and getting away with it.

Magistrate Carney seems only too happy to adjourn these newborns lives another three months and into the new year to allow DoCS to entertain the court some more with their shenanigans.

Magistrate Carney may have transpired from the Roads and Traffic Committee, but one would think that before she is allowed to make decisions regarding the lives of children, particularly newborns, she must be knowledgeable of the time limits imposed in matters relating to children's courts.

Whether she knows or just doesn't care is irrelevant, because the damage being done to newborn children, whom she happily boasts about "taking three babies per week," is not only unforgiveable but also unlawful.

Two weeks is the maximum that courts may be adjourned for when it comes to proceedings of children (newborns), and this is to ensure that the best interest of the child is looked after—and not the solicitors whose businesses thrive off adjournments, mentions, and evidentiary hearings.

Magistrate Carney isn't the only magistrate allowing blatant breaches of the law to continue in the worst interest of children. Many magistrates do this as it helps the department build its case and ultimately allows them more time to continue to put more rubbish in their affidavits, which most of the time confuses the judge enough to believe that what they are claiming is credible and to make it impossible for the parents to contest each and every lie they put through.

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Geoff Thomas - Queensland Public Trustee Abuse: “Withholding my RediCard”

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Category: Australian public guardian corruption
Created: Sunday, 08 May 2011 09:26
Written by NSWGT-Exposed

May 8, 2011:  Australian citizen, who fled to New Zealand, to escape the clutches of the Queensland Public Trustee, & Adult Guardian, who have been treating him with contempt, and violating his basic human rights for the last decade! He has two brain tumours, two kidney tumours and epilepsy…

Queensland Public Trustee Bullies – Confiscating CentreLink Pension

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Abuser Name or Alias:: Tanya Vellacott, Michelle Vichi and Tim Feeley - Senior Officers
Abusers Organisation:: Queensland Public Trustee
Type of Abuse:: Financial
Matter Resolved?: No, Ongoing

Paedophile given custody of girl he then abused and got pregnant

Type of protection : Granting release
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Category: Paedophiles Given Custody
Created: Thursday, 26 January 2023 04:33
Written by BBC News
Stock image of girl

A young girl who became pregnant after abuse by a convicted paedophile had been placed in his care despite authorities knowing his past, a report has revealed.

The document reveals how the girl, given the name Ruby in the report, was abused by the man over several years.

His serial attacks only came to light after she requested a termination.

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Paedophiles getting working with children checks, whistleblowers claim

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Category: Child Protection Truths
Created: Friday, 04 October 2019 20:09
Written by Janet Fife-Yeomans - The Daily Telegraph

Family minister Gareth Ward has promised an investigation into whistleblower claims.

An investigation has been ­ordered into shocking claims that the Office of the Children’s Guardian has been handing out working with children checks to paedophiles.

 Source : https://amp.dailytelegraph.com.au/news/nsw/paedophiles-getting-working-with-children-checks-whistleblowers-claim/news-story/518056a2b49503863350cbfe7dbdc005
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Left hungry and too cold to go to school: Urgent review of children in care

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Category: Child Protection NSW media and newspaper articles
Created: Monday, 28 November 2022 20:07
Written by Michael Evans - Sydney Morning Herald
The state government has ordered an immediate review of out-of-home care services for children in NSW following claims that two boys were left hungry and too cold to go to school this year while their care provider sought thousands of dollars a day to look after them.

In a devastating assessment of the sector, a children’s court magistrate has detailed the “unconscionable” treatment, “appalling neglect,” and “failure” in care by providers, including Lifestyle Solutions and the NSW Department of Communities and Justice.

Two young boys, dubbed Finn and Lincoln Hughes, were left too cold and hungry to go to school, a court has heard.Two young boys, dubbed Finn and Lincoln Hughes, were left too cold and hungry to go to school, a court has heard.Credit: Fairfax Media

In granting an application for a clinical report into the wellbeing of the boys, dubbed Finn and Lincoln Hughes by the court, magistrate Tracy Sheedy put on record details of the plight of the children, including:

  • how they complained to their school principal of hunger pains and to their lawyer about not having enough food;
  • how they were too cold to go to school because they did not have a winter uniform;
  • how their care provider quoted $77,000 per month to care for them;
  • and how their psychological welfare was suffering after experiencing a police raid, separation from siblings, and abuse in care since coming to the attention of authorities.
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MP Pru Goward and NSW FACS hiding even more deaths of children in care

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Category: Child abuse industry deaths
Created: Saturday, 14 April 2018 22:13
Written by Alecomm2

Latest reports published by the NSW government are deliberately misleading the amount of children who die under their watch.  First Pru Goward blended the deaths of children in foster care with those who were “known to the system”.  Now any child placed on a Guardianship Order is not even “classified” as being in out of home care, meaning those statistics have been removed/hidden also  

It seems our government will stop at nothing to keep those shiny dollars coming in for the golden stakeholders, whom thrive exponentially whilst obliterating families.

Click here to view the states 2016 Child Deaths Annual Report

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NSW child-protection workers 'regularly' mislead court and needlessly take Indigenous kids: report

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Category: Child Protection NSW media and newspaper articles
Created: Friday, 08 November 2019 20:03
Written by Lorena Allam - Guardian Australia

A damning review of Facs’ approach to Aboriginal families finds urgent reform is needed.

New South Wales child protection workers regularly give “misleading” evidence to the children’s court, often take the most traumatic option by removing Aboriginal children – including newborns – from their families, and operate in a “closed system” that needs urgent reform to make it more transparent and child-friendly, according to a new report.

The Family is Culture review released this week is a three-year study of the case files of 1,144 Aboriginal children who entered the NSW out-of-home-care system between 2015 and 2016.

In the worst cases, the review found “children who did not appear to be at risk of harm were removed from their families”, the children’s court was “misinformed about vitally important information” and, in a deeply concerning finding, in some cases “the location of young people under the care and protection of the minister was unknown”.

A child
Child protection: governments found to be spending $500m a year without any real gains.
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Rescission or variation of Children's Court orders: A study of Section 90's

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Category: Section 90
Created: Sunday, 01 July 2012 09:32
Written by Patricia Hansen
Abstract: This article reports on a study of Children's Court files relating to completed applications for variation of care orders (section 90 applications) in three specialised Children's Courts in New South Wales. All files that could be located for completed applications were reviewed and nonidentifying data was recorded. The study attempted to examine the type of applications, the characteristics of applicants and the outcomes of the applications. One hundred and seventeen applications were reviewed: almost half of these were made by the then Department of Community Services (DoCS), and about the same proportion of applications were made by parents. After the section 90 applications were determined there was an increase in care orders allocating parental responsibility to the Minister for Community Services with 73% of the children placed under the care of the minister to age 18.

Source : http://researchbank.acu.edu.au/fea_pub/1096/

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Critical Guardianship Theory

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Category: Guardianship
Created: Thursday, 01 October 2020 19:55
Written by Dr Sam Sugar - Founder AAAPG.net
A New and Exciting Approach to End Probate Court Abuses

Because of the long standing, multi-generational failure to remediate the abuses perpetuated in probate courts throughout the country, it is instructive to examine novel approaches to solving certain other social problems. Outside the box, Critical thinking may be required to solve problems of social import when traditional forms of redress are consistently ineffective.

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What is the "Right to Lie" case?

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Category: Child Protection USA media and newspaper articles
Created: Thursday, 01 December 2016 22:05
Written by Alicia Bayer - The Inquisitor

COURT CASE CLAIMS SOCIAL WORKERS HAVE IMMUNITY FROM PERJURY CHARGES IF THEY LIE TO REMOVE CHILDREN FROM THEIR HOMES [VIDEO]

A court case known as the “Right to Lie” case would establish whether social workers are legally immune from perjury charges if they lie to the courts in order to remove children from their families — and it is now one step away from the Supreme Court.

Case number 15-55563, also known as Hardwick v. Vreeken or the “Right to Lie” case, was heard in the U.S. Court of Appeals for the Ninth Circuit in October. The case is an extension of a long-running court battle between a California woman and her two daughters against the child welfare system in Orange County, California.

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  5. AT least one child in state care dies every fortnight and another 20 are involved in assaults in Victoria.
  6. What about us? What about the children in care?
  7. Dozens of paedophiles, rapists and violent sex offenders will be allowed to work with CHILDREN after winning appeals
  8. We really need to get control freaks out of our government.
  9. State report on guardian: 'Removal of necessary care directly resulted in ward's death'