Home Fam-Court Child Safety Legislation and Departments in Australia

Child Safety Legislation and Departments in Australia

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Editor’s note: This OPINION PIECE from legal researcher Graeme Bell.

Organisations such as DOCS, CPS, DCP, FACS and the other alphabet so-called child safety departments are taking more and more children from safe environments with loving families and placing them in harm’s way in foster care.

This business has become a global trillion-dollar industry.

There are many stories of hapless parents going to them for help only to find that the help they get is in the form of removal of their children.

Statistics show that children even in dysfunctional families do better than children in “care”.

Far too often the affidavits tendered to courts by child safety officers are splattered with accusations with the words “perhaps”, “could”, ”possibly” through it, along with similar words. People must be aware that these need to be countered in court.

Children’s courts in Australia do not have to rely on the rules of evidence and appear to believe that this means they can rely on assumptions, innuendo, rumour, hearsay, and unsupported accusations. Parents need to be aware of this and address it and make certain their lawyers address it.

Parents should never accept what caseworkers tell them. They should never trust that they are their friends. You have the right to record conversations to protect your legal rights in most jurisdictions. This needs to be ascertained by them and they must stand on their rights to record all interactions with the department after telling them they will be recording.

Parents should collect as many photos as they can to debunk the usual misleading or fabricated allegations.

The legal standard of “risk of significant harm” — that risk needs to be an “unacceptable risk” according to the Supreme Court of NSW.  That means there must be more to it than simply a risk. Parents need to be aware of this and raise and argue it correctly.

Parents should also be aware that when the departments take their child and then fall under the “care” of the various departments or under the faceless entities such as “The Secretary” or “The Minister” or “the Chief Executive” that these organisations and entities become the “parent” with “parental responsibility”.

Parents should insist that the child’s welfare in their care be tested in litigation.

For example, if they claim a parent is a parent not willing and able to care for the child, the question must be asked if the department, etc is “able”. A good example is where children are self-harming in “care”, or have been sexually assaulted in “care”, or shipped from foster carer to foster carer. Can it be said then that the department or other entities are a good parent?

A good case could be made that because the primary consideration is that the “best interests of the child”  that the level of care in the department’s care is relevant to the overall case. If the department alleges that the child is at a risk in the parent’s care but the parent shows the child is at greater risk in the department’s care then surely the Court must, in taking the best interests of the child into account, rule that the lesser risk must prevail.

To this end, statistics should be tendered to the Court showing the disastrous outcomes of children in care. Many official reports detail these findings as to the greater risk of murder, rape, educational disadvantage, breaking of bonds, and the lifetime consequences of that as well as the increased likelihood of going to prison and being unemployed in the future.

Parents are in a war for the lives of their children against an evil never before contemplated.

Graeme Bell 

 

 

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34 COMMENTS

  1. I’m from Pennsylvania center county in the correction is so badly here these people took our children under false allegations no facts and now they want to terminate our rights my son my older son there was two boys taken from us our 11 year old he was 10 at the time and a three year old now he’s turning five my 11 year old he’s cussing he’s swearing he’s all the time on social media never sleeps he’s dirty he doesn’t have clean teeth and plays and plays and plays and swears and disrespects me and now CYS is saying that he is traumatized from me and I found out it was because of me yelling at him to behave now how is a traumatizing to a child when I’m trying to keep him in line I never put my hands on him never neglected them never once any of my children and I have five children my oldest is 26 25 and 11 9 and 3:00 or 4:00 I never once abused them love them love them to this day now they want to terminate my rights for no reason at all like what am I supposed to do I need a lawyer I need somebody I need help I cry everyday I’m literally losing my mind my 3-year-old when they took them through up on the guy and that was traumatizing it was traumatizing for me let alone my little boy you’re stealing him from the only protectors that he knows to into somebody’s arms that is a stranger like and I’m not allowed to talk to him on the phone for over a year now it’s just so much stuff they violated us my husband’s side rights the lawyers tell him to get a divorce tells me to get hit a divorce just so they can get more child support I’m not stupid I learned a lot of things that I need didn’t know before I just don’t have the person to fight for me my lawyer doesn’t tell me anything the papers that I’m supposed to have before court they don’t do anything for us to public pretenders that I pay for an attorney the courts made him give me my money back and made me get a public pretender I don’t know why and how they can do that but they did judge Pamela Ruest is the sitting judge and she has a bad name around here Ryan Clancy is the caseworker he said that because I had a can of pain on my an open can of pain on my stairway that he couldn’t tell if my home was safe or not for my children and then they had anonymous phone calls saying that we were doing this doing that and there was no facts to any of it and I asked the supervisor sitting at my table one day I said how did you guys come up with that and where is all the facts to all those accusations and she said there wasn’t any there was no facts so how can you take children away from parents with no facts of fine of anything? My name is Wendy and I hope anyone is going through this gets through this because this is hard my husband and I’ve been together for 21 years and they are supposed to reunify us from the gate they were trying to split us up crooked corrupted all of it is in money.

  2. The problem is not the courts or the system, they are the menace. They know the setup that has been pulled on the parents. The parent is mostly disarmed by having to toe the company line for the scraps that are possibly available once they realize the shakedown .
    Its the perverse acceptance by public that is the problem. They think TV shows are reality and mantras are their reality. I guess they have been broken, and never been happier by the cult glow that so many actively display, to not only child family separations but anything connected to government servitude. i.e the shiny smile whilst engaging in the repressive force to control others in forced experiments to be sick from jabs the latest absurdity.
    Does not matter the more they do is always inverse to the stated intent . They double, triple down and never realize that they are insane by the measure of success they have at history repeating. They are empowered by it even.

    So back to the menace. Many know your airs and graces are a front for having to hide pathetic desires of another. We know your transgressions are worse than a TV tears of the current head mascot .
    Can’t fool all, and we laugh at your vaudeville. Not one original bone to your whole collective. Where do you think your going, started with nothing and finish with less, pathetic you. Worse than the public because of your day to day view of the farce you must now knowingly, pursue.

    Thanks Graeme and sorry to rave, assume you too have had bite your tongue as these people pretend they are alive. Friends and family debating your experience because that’s not how is, as they glow and disbelieve. Don’t think we will act as a collective and stop this menace, and don’t want too now. We are more trouble ad hoc, randomly bringing back Dr Pridgeon types that you must hate because concealment of law process is all you can think to do.

    • Simon, you say: “It’s the perverse acceptance by public that is the problem.” But I don’t think people know. The ABC-tv sometimes gives a presentation of the DCP rescuing an abandoned child for an actual good reason.

      What member of the public would dream what really happens? If I had not learned about this from Dee, I would never have guessed it. Did u know of it, pre-Gumshoe?

      • In 1981, there was a national conference of adoption and fostering social workers, in which it was resolved that, henceforth, there should be no more fostering.

        It was ruled that fostering almost always damages both child and fostrer parents and that crisis intervention should aim only at family remedial activities, or adoption.

        Since then, the fostering industry has bourgened into a corporate, shift-worker manned monster of massively lucrative proportions.

        Australians need to become aware of this, and wipe this evil industry out.

        • I’ll second that TonyRyan 💯…….Australia reds to ask the question where’s William Tyrell???????………. Whilst NSW needs to ask why Hypocritical old Gladys & Pru Goward needed to push forced adoption legislation through Parliament along with extra suppression/gag laws Nov 2018, where just two weeks later Pru Goward announces her retirement/exit plan pre Gary Jubelin trial William Tyrell inquest ( which is a farce as was Braxton Slayers IMO) …. These corrupt Machiavellians FACS& NGOS all have blood on their hands!

  3. I have lost 2 children due to not leaving my partner as they were false accusations, being to young and not having my own parental blue print, what does that even mean nowadays.
    I had my second taken at birth due to flight risk with no evidence just rumours less than 2 hr after birth whilst I was still laying in the hospital bed shaking, no councillors provided and signature or reason needed just a price of paper from dcp.
    2 months late my father dies
    Wasn’t aloud to see my children for a year because apparently they were unsettled at home after visits sometimes.
    But they don’t take into account the foster carer works full time has her own eldest daughter and now 3 foster children under 4, you can clearly see her struggling on the current visits.
    Don’t know where to go to help and I can’t afford a lawyer, legal aid doesn’t cover revoking an order.

  4. [AMERICAN BAR ASSOCIATION & INTERNATIONAL BAR ASSOCIATION]
    AFFIDAVIT OF OBLIGATION
    INTERNATIONAL COMMERCIAL LIEN
    (This is a verified plain statement of fact)
    Date: OCTOBER 15, 2015

    Maxims:
    1. All men and women know that the foundation of law and commerce exists in the telling of the truth, and nothing but the truth.

    Truth, as a valid statement of reality, is sovereign incommerce.
    An unrebutted affidavit stands as truth in commerce.
    An unrebutted affidavit is acted upon as the judgment in commerce.
    Guaranteed- All men shall have a remedy by the due course of law. If a remedy does not exist, or if the remedy has been subverted, then one may create a remedy for themselves – and
    endow it with credibility by expressing it in their affidavit.
    Except for a Jury, it is also a fatal offence for any person, even a Judge, to impair or to expunge, without a Counter-Affidavit, any Affidavit or any commercial process based upon an Affidavit.

    • Goody gumdrops, Crisscross. Here is an example:

      I quote from the affidavit, which is duly documented n Jahar Tsarnaev’s appeal file, written by Maret Tsarnaeva, LLM:

      “Mme Clarke and Mr. Fick also requested of Anzor and Zubeidat that they assist in influencing Dzhokhar to accept the legal representation of the federal public defender’s office in Boston. Mr. Fick revealed that Dzhokhar was refusing the services of the federal public defender’s office in Boston, and sending lawyers and staff away when they visited him in custody.”

      “During subsequent trips of Mme Clarke and Mr. Fick to see Dzhokhar’s parents … the strategy for defending Dzhokhar was explained …The public defender’s office in Boston intended to contend at trial … that Tamerlan, now deceased, was the mastermind of the crime, and that Dzhokhar was merely following his big brother. I was firmly opposed to this strategy as morally and legally wrong, because Dzhokhar is not guilty, as FBI-generated evidence shows. …”

    • You might argue that, child welfare being some sort of boutique market, the respective departments would escape common scrutiny.
      So how about education? How come the same folk are blissfully unaware that, bar the $$$$$ received for every child enrolled in every State-controlled facility, a plethora of other parasitical departments would simply disappear ?

  5. Are vaccines safe to give to children?

    No Safety Data? No Problem! VIDEO

    US, UK, Canada, Australia, Switzerland and Singapore Will Let New-Variant Vaccines Onto the Market Without Safety or Efficacy Testing

    By Rosemary Frei, MSc

    March 9, 2021

    On March 4 and 5, Canada, the UK, Australia, Switzerland and Singapore released identical guidelines for fast-tracking release onto the market of vaccines for the new variants. The countries issued the recommendations under the banner of the ‘ACCESS Consortium.’ ACCESS is an acronym based on the first letters of the five countries’ names.

    A few days earlier, on February 22, the US Food and Drug Administration (FDA) released a similar set of recommendations. They allow Emergency Use Authorizations (EUAs) for “investigational” vaccines for new variants, letting them be used on the general public without first showing evidence of safety or effectiveness.

    The recommendations all state that companies don’t need to conduct new clinical trials before putting the new-variant vaccines onto the market and potentially into millions of people’s arms. Requiring new trials, the ACCESS document asserts, would cause “considerable delay” and “bears the risk that the virus is evolving even further, potentially making a new vaccine version outdated at the time of approval again.”

    Instead, the safety record of the currently used Covid vaccines can be used to judge the safety of the new ones, the countries’ regulatory agencies declare………………

    https://www.rosemaryfrei.ca/no-safety-data/

    • WE SHALL DESTROY PROTOCOL No. 10

      But you yourselves perfectly well know that TO PRODUCE THE POSSIBILITY OF THE EXPRESSION OF SUCH WISHES BY ALL THE NATIONS IT IS INDISPENSABLE TO TROUBLE IN ALL COUNTRIES THE PEOPLE’S RELATIONS WITH THEIR GOVERNMENTS SO AS TO UTTERLY EXHAUST HUMANITY WITH DISSENSION, HATRED, STRUGGLE, ENVY AND EVEN BY THE USE OF TORTURE, BY STARVATION, BY THE INOCULATION OF DISEASES, BY WANT, SO THAT THE “GOYIM” SEE NO OTHER ISSUE THAN TO TAKE REFUGE IN OUR COMPLETE SOVEREIGNTY IN MONEY AND IN ALL ELSE.
      But if we give the nations of the world a breathing space the moment we long for is hardly

  6. OK, Gumshoe choristers, chime in for Wendy and Soph. If you are a little rusty on the Japanese lyrics, here’s the English:

    Soft as the voice of an angel Breathing a lesson unheard
    Hope with a gentle persuasion Whispers her comforting word
    Wait ’til the darkness is over Wait ’til the tempest is done
    Hope for the sunshine tomorrow After the darkness is gone

    (Refrain):
    Whispering, whispering hope
    Oh, how welcome Thy voice, oh, how welcome
    Making my heart. In its sorrow rejoice.

    If in the dusk of the twilight Dim be the region afar
    Will not the deepening darkness Brighten the glimmering star
    Then when the night is upon us Why should the heart sink away?
    When the dark midnight is over. Watch for the breaking of day

    Refrain…

    • Excuse me, I didn’t realize the karyoke version doesn’t provide the melody. So here is one with.

      i used to have a 45 of this. But not with the half-dressed kiwi, of course.

      (Mummy, what’s a 45?)

  7. OK, some update on what many vilify and ignore but have to eventually face. (Beats; Jews, masons, Jesuits, Vatican, protocols, lizards etc., old rusty wheelbarrow races)
    From 19 min mark.
    Biden to give a speech tomorrow in the US …….11th of March, US time.
    Been recommended as something to listen to, to see how he performs……….Mental deficiencies exposed? (or pretended!)
    Anyway, no matter, part of the plan, even Oz media has been bringing the alleged deficits to notice,
    The 25th amendment may come into play…………Oh well TV, you might quietly enjoy it to the end to see what your trump is up to……..hint, zilch!
    Love the moose.
    https://x22report.com/aiovg_videos/ep-2424b-red-button-pushed-plot-twist-coming-military-devolution-the-only-way-forward/

      • Just saw an commercial on prime time mainstream, A elderly lady with mask shocked seeing two men with masks and briefs only, on a bus. An advertisement for underwear! Covid sells, the scam of the millennium, don’t take the vaxxx.
        By the way, Scot’s a pilot today, waving from glassless window captain’s cockpit on Airbus. If his days are taken up being a movie star, WHO’s leading Oz? What costume will he wear tomorrow? Any tips, we can start a comp?
        Spare me the bs, in times of unprecedentant urgency for sanity.

  8. “It is difficult to get a man to understand something when his salary depends upon his not understanding it”

    Upton Sinclair

  9. Twitter has refused to take down the sharing of child pornographic images and videos of a young sex trafficking victim, as an investigation “didn’t find a violation” of the company’s “policies,” a scathing lawsuit alleges.

    A lawsuit was made by the victim and his mother in the Northern District of California on Wednesday and alleges that Twitter made money from the shared clips, which included a 13-year-old being sexually abused.
    https://newspunch.com/twitter-will-remove-hate-speech-but-not-child-pornography-as-it-doesnt-violate-policies/
    (From Cherri)

  10. Wow… Thank you for this article. Although I do wish it were written a few years earlier. You’ve communicated what I was attempting to articulate. I was trying to advocate for my children and failed to do so. This is despite many many emails sent. Upon investigation of this anyone would find what I had written was then used against me. For example I disclosed my thoughts very honestly that thank you very much for supervising me I’m sure the case notes will reflect my appropriateness near the children. They child protection shortly thereafter reduced contact from three times per week for two hours (only ever given 1.5 hours) to one hour per week. I was devestated!!!
    May I attach this to future communication to child protection?

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