Home Australia Deceitful “Care and Protection Orders” Wreck a Judge’s Ruling

Deceitful “Care and Protection Orders” Wreck a Judge’s Ruling

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by Dee McLachlan

I have written about what I called the “beautiful trick” where investigations into child abuse STOP because the matter is before the Federal Court, but then a State Court is used to REMOVE a child on the pretense of investigating. The outcomes of this can be brutal. But today, I reveal another deplorable judicial deception — a “trick” that switches custody from the protective parent to the abuser — resulting in the alienation of the protector.

For the last year and a half I have been a full-time investigator of “unlawful kidnapping” of children by state governments in Australia.  I’m not sure how else to phrase it. I could maybe call it “state abduction”; or maybe just plain “stealing of a child through legal deception”.

Having uncovered, in one instance, a clear and motivated plan to transfer custody through deception from a protective parent to an offending parent, I have to wonder if this is a well-honed trick. How many good Australian parents have been deprived of their children via this outrageous deceit?

It has to be exposed, as many children could have been wronged and denied a means of justice?  It is frightening to think how many government employees could be involved in maliciously acting AGAINST the “best interests” of the child via the “loophole” that I am about to identify.

I’ll start off by describing, in simple terms, the legal trickery involved, and will then discuss the sequences of events in a particular case.

The “Loophole” in the Law

The Family Courts – which are Federal (except in Western Australia) – hear matters relating to divorce, such as property settlement, and the custody of the children if the parents are in dispute. The court can, for example, award shared custody to mum and dad. Once the judge has ruled, the Family Law Act 1975 says the state cannot step in and change that.

The State courts deal with care and protection orders — when a child is deemed to be in trouble, and with regard to guardianship of abused and neglected children. These are Childrens Courts; or in South Australia, the Youth Court.

It seems that these state courts operate for the purposes of the Crown, and they don’t claim to honor due process of the “accused.” It is common for the court to refuse a parent any support in the courtroom — in a tactic of isolation — as the goal is to remove children and place them into care.

And everything is done in secret — circumventing all processes by pretending to concentrate on helping the child.

State courts do not override Family Court. However, there is one exception. It appears in FAMILY LAW ACT 1975 – SECT 69ZK, and I quote here from the Queensland Law Handbook:

“An existing family law order does not affect the ability of the Childrens Court to make a child protection order or stop the Department of Communities, Child Safety and Disability Services (Child Safety) from intervening with a family and dealing with the child protection issues, including taking the child into care.”

The Family Law Act provides for a social worker of a child protection agency to make a determination:

“69ZK (1)  (b)  the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent of a child welfare officer of the relevant State or Territory has been obtained.”

Lo and behold! That is the perfect loophole by which a corrupted social worker can subvert and destroy a family. He or she (it is most often a she) will be — apparently — operating within the law.

The Deception Revealed

Let me show how this works in a particular case in Adelaide.

Three years ago, good investigators from CPS (Child Protection Service) and Families SA (now known as the DCP — Department for Child Protection) interviewed a 6-year-old and determined that she was a very reliable witness. After months of investigating, the social workers substantiated her allegation of sexual abuse and exploitation by the father.

As his defense, the father accused the mother of being delusional — but she was cleared of coaching and any mental health problems by a forensic psychiatrist.

The child’s abuser, the father, quickly filed for custody in Family Court. This is a well-known and standard tactic to avoid prosecution. Over a year and a half goes by as mother and daughter live happily together at home and the department deem the child to be in safe hands.

There was then an intensive and lengthy Family Court trial and, despite the judge not believing the one abuse incident, the judge awarded the mother SOLE PARENTAL RESPONSIBILITY – and in the orders declared the child shall live with the mother, and was not in danger of being removed from her care.

The Corrupt Police Officer

Last June (2019) I wrote about a corrupt cop in an article called, “Removal of Child from Good Mum Traceable to Corrupt Female Police Officer.”  A police officer, as part of preparation of evidence for the trial in question, was to interview the child. The officer delayed the interview until mid-trial, and then suppressed the horrendous abuse disclosures. The abuse was never entered into court.

Without this evidence, the Family Court ordered reconnection and visitation with the father, and this was almost immediately arranged. [“Reconnection” is not a custody thing; it is an emotional thing.]

The Treachery Unfolds

During the previous year and a half, even though visits with the father had been supervised, the child did not want to go.

After first visitation with the father about 2 years ago, the child returned home bruised. The child brushed it aside when asked. On returning from the second visitation the child returned with a significant injury. She finally broke down and said that her father deliberately cut her and threatened that he’d kill her mother if she spoke out. The mother made a report to crisis care.

I had always pondered: why would a dad, after finally given an opportunity to reconnect, deliberately injure his daughter? I now know the answer. It was to bring in the Department for Child Protection, the DCP, and to bring back the corrupt police officer. But for what purpose? To get a Care and Protection Order.

That, dear Reader, is an ingenious way to switch custody. Let me explain.

A Care and Protection Order

You see, a Care and Protection Order is a legal loophole. It seems to be the main legal avenue (perhaps there are others?) to combat the findings and orders of the higher Family Court.  This has been provided for — I suggest deliberately — in Family Law Act 1975, SECT 69ZK.

In fact that section of the law has become a way to subvert a Federal court order  “legally” and steal a child from a protective parent, and then – via the state courts – give that child to the — let me say it — the pedophile.

(Note: I think I have serious justification in the case for calling the dad a pedophile. Why? I’m just reiterating what the child has said. The child has disclosed over several years the most egregious abuse to countless professionals, such as police persons, psychologists, CPS investigators, social workers, doctors, a nurse, and a teacher. There are half a dozen investigated notifications and a lengthy police interview where she describes her abuse (rape) in innocent and graphic detail.)

The  Set-up and Snare

The child had been injured (she claims assaulted) only six weeks after the Family Court orders favoring the mother had been delivered. And now that the mum had reported the assault, the DCP and SAPOL were alerted. But instead of following protocol — the agencies STOPPED ALL INVESTIGATIONS — and waited. (They even admit to the Ombudsman that they halted the investigation.)

But guess who is in charge of the investigation? The SAME police officer who had suppressed the rape disclosures in the police interview about six months before.

The mother is warned by the the officer that she must follow court orders as the father is to pick up the kid after school on that Friday — for her third visitation. However, the child balks and a few hours before pick-up. The child then discloses the assault and abuse to a teacher.

All hell breaks loose as, I believe, the set-up-snare plan was disrupted by the child. Immediately after the teacher makes these most serious mandatory abuse disclosures to crisis care, there is only one thing the corruptables can do — discredit the mum as psychotic and delusional.

Now, how can one determine that this is a malicious deception? At the time, no one except the officer knew the contents of the police interview (not even mum, who found out in mid-2019). The officer had lied and kept the disclosures unreported. Having heard, firsthand, how the child was raped, she was now a few months later trashing the mum’s good name to protect the offender. Hence, the whole gig is a deception.

The Unlawful Snatching of a Child

Almost a month after the child bravely told professionals (her doctor and then her teacher) how she was cut and her life threatened if she spoke out, the DCP stepped in with an investigation and assessment order – and REMOVED HER from her mother!

As even Blind Freddie can see,  this “investigation and assessment order” was not really to investigate the abuse (as social workers admitted to me later), it was to build a case of “dirt” against the mum.

Nearly a dozen affidavits declaring her a wonderful mum suddenly mean nought. You see, all you need is a corrupted psychologist to write a damning ‘parenting report’. They had nothing on the mum (as she’d passed many previous mental health assessments), so ‘they’ had to invent that the mum was a danger to her own child — which the psychologist did.

Little did the psychologist know that the mum had become suspicious that she had been  called back for a second time, so she recorded the session (which she is allowed to do to safeguard her legal rights). The psychologist is presently under investigation.

But now the State, armed with false reports, and a damning parenting assessment report, is awarded guardianship in a State Court. The child is grief-stricken and devastated, and the DCP then begin to attempt to alienate mother and daughter.

The DCP staff quickly prepare for reunification with father.

The only contact between mum and child is one-hour a week strictly supervised. One social worker even instructed the girl to not say that she loves her mum — so in access reports this is noted. When the mum says “I love you”, the record notes that the child does not reciprocate the feeling!

Truly shocking. This child desperately loves her mum.

The Illegal Custody Switch

One must understand that the above activity is a direct violation of Family Court judge’s original orders, which ordered that the child live with the mum, that she is in no danger of being removed, and that the mum has sole parental responsibility. Against the orders, the child has been removed, is most definitely not living with her mother, and the state has deprived  the mother of all responsibility and contact. There are no more play dates, attendance at school, hugs at night, or family birthdays or family get togethers.

The mum has been completely ostracized from the child’s life — and all this done by a “care and protection order” within the provenance of 69ZK — the loophole.

The stage is set for the custody switch.

Naturally, the mum believed that the plan ultimately was for the child to be restored to her — of course. She could not have guessed that this was never in the planning, or that the DCP were actively planning reunification with the father, even sponsoring his counselling.

But luckily there’s a problem. Earlier documents show that the father is a potential danger, that the child could still be exploited and sexually abused. In later documents, the DCP attempted to scrub this. Documents also show that the child is reluctant to be reunified with her dad, or have any unsupervised contact with him.

So when the mother makes an application to revoke the 6-month guardianship orders, the DCP apply for a further 12-months guardianship. It’s obviously going to take time for this forced reunification (custody switch). The DCP even declared that it will take a long time to make the child understand that she was never abused, and also time to get the child acclimatized to being with her father.

In other words, the 12-month guardianship provides the DCP time to ‘brainwash’ and ‘groom’ the child to go back and live with the person she claimed abused her

The Care and Protection Order in this instance was an utter fraud. It was actually an Order to reunify the dad via the so-called “Reunification Court” — and it seems the mum is not even invited to participate in that “adjudication.”

In the end, the DCP have subverted the findings of a lengthy federal court trial (with all parties) — and, through deception, now plan to use the Reunification (state) Court to SWITCH custody of the child to the offender — the father.

Corrupt to the Core

There would be no other way to do it, short of killing, or incarcerating the mum, or medically restraining her (which I believe they indeed had attempted to do). The DCP’s primary task was to sideline her from the equation. At the original Family Court trial, the mum sat for over three days on the witness stand – and was found to be a responsible mum.

So, at the final stage, which is on the docket to happen soon, a lesser court (amazingly called “the Reunification Court”)  will subvert the Federal Court findings and orders without the mum even being present.

It is gobsmackingly corrupt.

One may ask how I, a journalist, can make such a determination — that certain persons were in on this plot to destroy the mum and switch custody? 

One has to only look at the evidence, and ask: why did so many officials fail to follow the law or do the right thing? For example:

  • why did the father, unhappy with family court orders, immediately assault his daughter?
  • why was the (alleged) assault investigation promptly stopped by the the very police officer that had heard first-hand of the rape disclosures?
  • why did the DCP not view or photograph the significant injury, or investigate this injury as required by regulations?
  • why did the DCP try to hide the report of substantiation of the father’s previous abuse?
  • how did the father know well before hand that the child was going to be removed?
  • why did the authorities not investigate the previous half dozen extremely serious disclosures (notifications) in the system? (These included serious and unique injuries.)
  • why did authorities ignore the child’s terrible disclosures to the teacher — and wait?
  • why did social workers try falsely claim that the child was not distressed being separated from her mother?
  • why were DCP staff “secretly” planning reunification with the father?
  • why did social workers openly try defame the mother by saying she had serious mental health issues, yet ignore the actual mental health assessments?
  • why did the  officer collude with the father to get damning and false claims into the system calling the mother delusional?
  • why, after the mother finally subpoenaed and viewed the police interview, did EVERYONE — and I mean everyone — refuse to even watch the interview?

I could go on. But one has to ask: why?

Conclusion

There is also a suspicious peculiarity in South Australia’s child law, namely, that the parliamentarian who wears the title of Minister for Child Protection no longer has authority, not even on paper, to protect any kids. Rather, that role has moved to a person whose job is obscurely defined as “Chief Executive” of the Department for Child Protection (DCP).

Chief Executive Cathy Taylor took over that position, via the Children and Young People’s Safety Act, 2017, on 18 October 2018 — before the set-up and snare in this instance. One has to be consider that maybe she was incorrectly briefed by her staff. But Ms Taylor, the only person who can instantly reverse this catastrophe, has refused to consider the horrendous disclosures in the police interview. She even claims — against years of evidence and disclosures, plus the police interview — that the child was never abused.

The point here is: the department have stolen the child from her mother. They all know the girl desperately wants to go back to to her mum, and I believe they know the girl was abused. But the DCP continue to withhold the child from the one person she loves most in the world — her mum.

What does one call this? Judicial kidnapping? State abduction? Just plain trafficking?

Many people are knowingly (some unknowingly) subverting the course of justice to violate the rights of the mother and her child. I have spent over a year going through the case with a fine tooth comb, and it is absolutely clear to me that many officials have broken laws to facilitate this. I could start with these items from the Crimes Act:

(241) Impeding investigation of offences or assisting offenders…

(Div 3—243) Fabricating, altering or concealing evidence… that may be required in evidence at judicial proceedings,

(242) Perjury and subornation,

(Div 1A— 5E (1) 14) the offence of criminal neglect if… a child suffers harm as a result of an act; and the defendant had a duty of care… and ought to have been aware that there was an appreciable risk that harm would be caused to the victim.

All of the above carry terms of imprisonment.

The mother is the only person who seems to have followed the law. She now has no financial means whatsoever. But how does one achieve equity and justice against persons who have access to a billion dollars of your tax-payers money?

My guess is that there could be hundreds, possibly thousands, who have suffered from this or a similar twist in the legal framework.

What a trick.

Now exposed.

 

We are urgently raising funds for this legal fight ahead. All donations will gratefully accepted and will go towards this landmark case. You can also use this link here to DONATE. (Jammed Films Paypal account).

 

55 COMMENTS

  1. “Our schools are grooming children for homosexual pedophiles. Children are passed around like “bottles of fine wine” among many notables in the world of politics finance justice etc. They are protected by allies in the courts and police. Pedophilia is the logical outcome of the values promoted by nwo:
    sex for its own sake without reference to love, marriage and procreation. Schools are teaching children to have sex as young as age 13 and to experiment with homosexuality.” – Henry Makow

    These are the freaks we trust to serve justice.
    It’s like asking a vampire to become a vegetarian.
    It’s not going to happen, until they are removed from influence.

  2. “ If government has become so corrupt it cannot discern evil from good then it is high time to dissolve or change that government by refusal to recognise it as legitimate.” -Tony Blizzard

  3. I kid you not. Just on sbs news, in relation to virus spreading from North Korea. A world map with OCEANIA plastered in the middle of the continent formerly known as Australia.

  5. So for all the money spent on the Royal Commission into child instiutional abuse designed not to look at ‘institutional’ government and judicial abuse.
    What a charade.

  6. ‘A world map with OCEANIA plastered in the middle of the continent formerly known as Australia.’
    Australia the great south land–head quarters for the one world government-one religion-satanic-
    need to meet face to face — no anons-gumshoe infiltrated

    • I’ve just read this in The Atlantic”

      “While the Chinese government has long scrutinized individual citizens for evidence of disloyalty to the regime, only now is it beginning to develop comprehensive, constantly updated, and granular records on each citizen’s political persuasions, comments, associations, and even consumer habits. The new social credit system under development will consolidate reams of records from private companies and government bureaucracies into a single “citizen score” for each Chinese citizen.”

  7. “The final goal of Talmudic Phariseeism always has been, is and will be the arrival of the Jewish Messiah and the dominance of Jewish tribe over all other tribes and people’s of the world and the political dialectic between left and right.
    The essence of Sabbateanism/Frankism is to foster the coming of the Jewish Messiah through sin, and just this is what they are doing, but it doesn’t mean that their Messiah will be Sabbatean/Frankist but just the head of the global theocracy of a tribe where the human cattle will be happy being slaves to usury and without Spiritual Life, just obeying their masters and living in well organised/planned societies owned by bankers and designed by cabalists.” -Juan

      • The good Jewish people always suffer for the crimes of zio-kabala.
        Like us at the machinations of the hidden hands enforcing the beast.
        We have lost our way, cause we are all captive in these times.
        Love of Spiritual Life is our only hope. Jesus gave us two commandments, simple pure true. No need to look elsewhere, everything is His words.

  8. You have explained the corruption of this case so clearly and succinctly Dee. Thank you for being the voice for this child, and all the others in similar atrocious circumstances. You too Mary. I cannot imagine what hope these parents and children would have without you both – you give us all hope! I am constantly amazed by your tenacity and endurance. And thank you to all the commenters – Di, Ned, Julius, Wayne, Chris, Mal, 56 and others for your continuously brilliant insights. It’s news sites like this one that are the true educators. I’ve learned so much from you all.

  9. I wish you could name the corrupt cop, but I understand that you can’t. I’d love to see him/her questioned and shamed in public about their actions. I would also like to know the name of the Judge who presides over the ‘reunification court’. I’d like to see them both charged, and jailed, for what they did to this child, and there must be others too, because as you say, they all drop into a prearranged set of behaviours, designed to kidnap the child. I have found that before when dealing with corrupt public officials, they have their counter attack methods pre-planned, and they all jump in and attack the victim of the corruption to protect each other. Good work Dee, and please keep on exposing these stories.

  10. The family law was to break common law. You see the continuation back into criminal law with domestic violence. No outrage at so called required defence policy, like Madelin in charge of matters in the US at one time did not have issues the over 500,000 working DVO’s concluding in death, endless tears for others I do not neglect with my pain and sorrow but present as reason for all.
    Sorry tale needed telling again, thanks Dee.

  11. As a long time practitioner in the Family Law system I have come across a number of cases where one or sometimes both parties are abusing the system. It has been very rare in my experience that the abusers are also found in the Department of Child Safety or its State variations.
    I infer from this chronology that the mother has not been legally represented. If this is not the case, then the role of her legal adviser(s) should be delineated.
    There may be good reasons for another omission from the story, but I would like to know why the mother appears never to have lodged an appeal against the bizarre rulings of the Court that have resulted in the child being removed from her mother and placed in what is manifestly a situation that violates the most fundamental principle operative in this system: that the best interests of the child are paramount.
    Has she had no legal advice? If she is impecunious there is a legal aid system available. The Court also appoints lawyers (I am one such) who make their services available pro bono in certain cases.
    As appalling as this case is, there are some gaps in the narrative that I would like to know about before making further comment.

    • I know you’ve said before James there has to be a balance in this story. I can assure there is absolutely NONE. I would not have believed this possible even 14 months ago. It would take a long time to detail the case and the malfeasance for what has happened in the last 2 years. (PS. She was let down by her past legal (aid) representations and, on the surface, it could even appear that they were “acting” for the other side — but maybe they thought it might be in their best interest to not cause waves in this instance.)

  12. Dee and James. Et. Al
    As I have expressed separately As counsel.
    There is no way this matter can successfully proceed against alleged ‘corruption’ without competent legal advice based on instructions collaborated with cogent evidence (affidavits) in support of the allegations.(and recordings)
    Sorry people but that is necessary.
    In NSW counsel, must certify that on the evidence obtained, the matter has a reasonable possibility of success. ( paraphrased).
    What can I say?
    Present the case with affidavits to legal counsel, then the matter may be assessed.
    Nothing less may be expected of authority prosecuting a matter against a citizen.

    • I may add.
      Counsel must confer personally with and assess all potential witnesses.
      Second hand Hearsay reports/witnesses have no locus in the court to be cross examined.
      A exception being ‘experts’ in the family court!!! ?

      • and where will they find a lawyer with the guts to say what has to be said?they are mostly part of the system.the LAST thing people need is lawyers.The LAST THING.They are bloodsuckers who for the most part have not a clue what they are talking about and simply bleed the system.

        • John,
          Many bleed their victims, sorry clients, soo much.
          Thought I was served justice winning two court cases against a developer.
          They delayed and dragged it on for nearly nine years. I never received a cent!
          Add insult to hardships, had to pay $70,000 to cover legal costs.
          The two weeks in court, 95% was spent rambling about precedents that happened over a hundred years ago. 5% of time was spent relating to my case, that was enough for two seperate judges to see the obvious.

          My point, money talks bullpoo walks.

          • These white pointers, have a dozen or more companies. All they do is shut them down before moving on to next development. Multi millionaires, technically with no assets!

          • As the old “own nothing control everything” trick is essentially dishonest, cornering the offenders isn’t as hard as it’s made out to be .
            But it does take a fair bit of time & energy (work) and as the so-called justice system is a font of the problem you’re not likely to wind up with any sort of financial reward.

            But there is this:

            “The sleep of a labouring man is sweet, whether he eat little or much: but the abundance of the rich will not suffer him to sleep.”
            ECCLESIASTES 5:12

            Not to mention the fact that, any sort of resistance to the Powers-of-Darkness will have a profound & permanent impact on the overall plan

          • Actually that last comment of mine was geared toward a self-representation scenario. As you wound up forking out $70,000 seems like there was an archetypal “clueless bloodsucker” in the mix. I mean. if he/she had really been working for you they would have KNOWN that proceeding to court was NOT in your interests.

            Or maybe they did know but didn’t say

            Which means they were directly or indirectly in cahoots with the other party’s rep

            N. B. TO ALL FAMILY COURT LITIGANTS !

            The entire system is filthy and well beyond redemption

          • But one more N. B.

            Mute/void Court Orders are far from rare.
            So, if something doesn’t go in your favour it’s well worth sifting through the detail with a fine tooth comb

    • All done Ned. Mother has the Affidavits, recordings, & evidence vs hearsay, dodgy reports and perjured docs. Extraordinary. What more can I add.

        • berry,
          Thank you. Yes, I always felt both sides were in on it.
          But if I didn’t pay up, they threatened to sell my house to get the 70k!
          Justice in Oz, that’s a joke.

          • When my husband died, aged 44, in 2007 our kids were 13, 11 and 7. Since then I’ve had to deal with 3 completely illegal real estate warrants. Seems to be one of the most common forms of mafia-style terror around. White pointers indeed!

            Every elected member I’ve approached has been in on the game and from what I’ve seen the racket has been greatly acerbated by the privatisation of Sheriff and Land Titles Departments.

            Believe it or not I was saved by a single Order of a lone magistrate, so the big learning for me was what a profound difference one righteous soul can make

            The other eye-opener was seeing the respective suave lawyer dissolve into a gibbering heap; proof positive of the overarching spiritual war.

        • berry,
          True, thank you for goodness.

          With nations and races dissolved, all we have is love vs. evol.
          He said with love and forgiveness, redemption is possible.
          As for the murderers………..

          Like you, we have experienced many trials, some better others not so.
          These days, like our predecessors we are living by His grace, faith is all we have.

          Within , I still can’t digest the wickedness of our adversaries/oppressors.

  13. Since when has the flag become navy blue with a single seven pointed star?
    That’s all I’m seeing when leaders speak to media in Canberra, for quite some time now.
    The uniion jack and southern cross nowhere to be seen!
    Might explain a fair bit about our present family courts.
    Are we under Talmudic Noahide Laws here?

  14. Well done on this thorough expose’- i have worked with clients sharing similar situations & personally suffered at the hands of the Family Court. The whole system needs far greater regulation – transparency & a Huge Overhaul.

  16. Dee McLachlan, if you are interested in finding the absolute rotten core/cause to this problem and wish to help bring the whole system fall, please contact me or let me know how to contact you. I can’t say more publically and I assure you I am not exaggerating nor am I a con. Unfortunately I can not do it on my own. Thank you kindly, E.P.

  18. “Oh yes, Australia is not the lucky country.
    Only those perpetrators, psychopaths, employees of the corporation, the ignorant and stupidly rich think this is a good place. Avoid smiling psychopaths in suits.” – Charlie Jeans

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