Donate Child Support Calculator
Skip navigation

Affidavidt served that sounds suspect.

Add Topic
I was served an affidavit from a social worker that said a child had been abandoned two years ago and was living in a State/Territory with a family member. However, the child had only been there for a couple of weeks and lived elsewhere during those two years, in a different State/Territory.

Last edit: by Secretary SPCA

That does sound suspect. You need to get some legal advice/help.
I spoke to the supervisor of docs that is holding the child, he said the affadavit is real and he was given a copy. However, when I asked him if he had checked any of it for the facts he said he had not done any checking.
Are you saying that your child , or a friend of a friends child, has been taken / removed by DOCS and placed in care some two years ago. That you have only now received an affidavit from a DOCS officer telling you that the child is now in their care?

What is this all about?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
A child travelled unaccompanied on an interstate flight to visit a distant relative for a short holiday. A few weeks later the child was taken by DOCS. They served an affadavit stating that the child had lived in their State for two years. However he had not been there since a previous holiday in 2007, and had only been there for a few weeks. Neighbours  told me personally that Docs did not ask them. DOCS told their lie to their Youth Court judicary, done without notice to the custodial parent.

Legal aid in the home State say go over to the other for legal aid, but the State that has the boy now did not grant it although the parent is poor.

DOCS have refused to provide the parent with the correct documents as per the usual childrens court procedures.

Today the caseworker told me that the little boy was assaulted whilst under their care. The criminal is a person on their books as a mentally ill child offender. I asked for this unsupervised connection to cease and they appeared to agree, however, in double checking this may only be appearances. Certainly Docs have been showing two faces, and they have threatened to take the parent into custody for lying(no lies made), therefore the parent cannot travel to where the boy is being held. Further, Court orders giving the parent access were refused-not even a phone call has been permitted.

Certainly a case for neglience etc is made out. However, I cannot keep trying to help on my own. There are thousands of witnesses to the childs usual residence, however, not necessarily the best approach. Whom is good but not costly at drawing documents for whichever court to force docs to attention, some form of writ or demanded disclosure? Whom can help this little fella?
Have you tried getting MP's involved?
I believe the best way forward is to reach out to a higher court. Pollies are usually negligent and claim seperation of powers or pass the buck around the ministerial departments. Funds will have to be found. It is strange how the same mistakes keep being made year after year, decade after decade, in every state and territory,etc. Poor evidence standards yes, but intentionally poor evidence standards also. A recent affadavit of Docs is so ambigously written that it is unreadable, and this is what the judge was previously provided whereas the out of court conversation with the caseworker was rather different. Therefore, I believe the court has no idea of what that case was-something I shall have a go at repairing and see what happens next.
Is this your child. If it is why haven't you simply gone and recovered the child. If its not your child where are the child's parents or guardians?

What has the distance relative had to say? Was the distant relative maintaining and managing the child adequately. You don't just have DOCS rock up after just a couple of weeks of the child arriving at a  distant relative and seize the child.

Have you lodged a complaint of assault with the Police on behalf of the child? What state is the child in currently and what state do the parents or guardians live in? Have you charged the social worker with kidnapping or child abduction?

(1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.

(1) Basic offence A person who takes or detains a person, without the persons consent:

    (a) with the intention of holding the person to ransom, or

    (b) with the intention of obtaining any other advantage,

is liable to imprisonment for 14 years.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
interesting comments.  From the beginning I marked this action against this child as "stepping stone kidnap-final destination unknown".
I have had further conversations with the complaints dept of docs. The fellow was argumentative and obstructionist. He said that he does not believe that the caseworker would give access to a child w a mentally ill child offender., and says that I have no proof of this other than the words of the caseworker, and that I should go through freedom of information and obtain the facts. Delay achieved.

By the way, the complaints officer says that a child should not be forced into access, phone or otherwise if they do not want to and are kicking and screaming. Fortunately I was able to tell him about parental alienation. In particular how a child can be assaulted into refusing to agree to Court ordered access, which was ordered but never permitted. And how the person whom has the possession of the child will be held to account for this, and how sufficent eveidence exists within the casework and psych affadavits to suggest that this child is being influenced/assaulted into expressing a wish against the court order, and how that means that the order needs to be varied, and the term "according to the wishes of the child', re access, be removed from the order as the order is being abused and not working.

I am ready to press criminal charges aganst the caseworker, however, I believe a case in the supreme court for damages needs to be filed at the same time. One cannot get a case like this running wthout lots of cash, and legal aid do not fund civil damages suts. Very annoying. Firstly someone whom knows how to force discovery would help. I am being served ambiguous and false affadavits still ongoing. Very little of what should be in these affadavits is present.
1 guest and 0 members have just viewed this.

Recent Tweets