So you want your kids back - and you're thinking about a Section 90 application
- Details
- Category: Section 90
- Written by Alecomm2
Also every Leave Hearing is a two hour in total "hearing by submission" which is disgusting. As solicitors from the bar table NOT under Oath talk crap for their half an hour - no evidence is considered and the Magistrate says NO. The legal process is denied because they are making them submission Hearings.
So DoCS legal representatives can spend their half an hour telling lies, for which they are not held accountable as they are NOT under oath - or subject to cross examination - which then results in the Magistrate making his decision based upon their lies.
The result - DENIED.
Unless DOCS bring the Section 90 you have very little chance of success.
The case of Troy is about denying parents Leave to proceed to a Section 90 to save the government money.
It is not a legal judgment - they incorporate all that must be taken into account for a Section 90 to deny leave to proceed.
Instead of only taking into consideration what is legally required to be considered for leave to be granted.
So they (the magistrates and courts) have virtually lifted the Bar so high and beyond the Law to stop the expense of having to even grant a hearing for a Section 90 Hearing application.
What they have done is taken the law and then changed it by illegal case law - it is illegal because in the Case of Troy, President Marian made that judgment against the law and used NO caselaw to do it - so basically he made up a law which is NOT legal.
Since then very few cases have even proceeded to a Section 90 Hearing as they use that [Troy] judgment to deny Leave to Proceed.
A solicitor once stated that 95% of cases were denied Leave to proceed - but as they do not publish Leave Hearing decisions, and as they are actually VERBAL judgments - it is not possible to prove.
- NSW children's court - important case law
- Rescission or variation of Children's Court orders: A study of Section 90's
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