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Child has been taken by DOCS

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What should I do about this ? Emergency care and protection order from DOCS

Hi all

My child has finally taken by DOCS under the above order. They assess the whole situation. Mum is an undiagnosed BPD.

What should I do?

Thanks upfront.

Take care
The information you have given is a little vague people would need a little more information to make a valid comment, obviously don't give to much personal information though.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
tschulz

If you are the father of the child then why arn't you caring for him/her?

More info

Ok, The child (5 years) was removed from her mother because of a risk of serious harm at time of assumption, Best interest of child and risk of serious harm. The childrens court gave 14 days for docs to make further assessment and investigations. child was told to leave the house and went to a nearby close relative. Domestic violence in the house. Docs workers were abused and told to take the child and give it to father (not quite in this way). Reports about mother are rolling in from her own relatives. Typical BPD behaviour is present. Was schedulded 2 month ago into the psychiatry. We are talking threats of suicide, physical assault on another daughter, threats of abandonment, psychological harm to all children, not able to cope with parenting and alcohol use. The tenor by docs is all options are open. I have a relative good relationship with them - patience was the key.

Any ideas what I can do from here on?

Cheers
One main point for DOCS is to try and have children remain with one parent. This is BIC and also their preference. Fairgo raises a good point, has DOCS suggested you look after the child, have you approached them about looking after the child. As the father, if there is no reason preventing it and Mum has said for it to happen, how come the child isn't with you and is in DOCs care?

When you say any ideas, what exactly are you asking?

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas

Assessment

DOCS is apparently in my favour. The problem is we are dealing with a Borderliner and allegations are easy to be made. "I have a mental illness and I can do and say whatever I want". One question does the Docs intervention is a change in circumstances (asplund)? I could write about this case for days but obviously the forum is not the best place. I have been sofar pretty disappointed by the legal profession and Borderliners are high conflict people, that is why I had to back off earlier on - my pockets are not endless.

Cheers and Thanks
You are a parent of the child. Unless the court has specifically ordered that you cannot care for your children then you should automatically have your child in your care. I would be talking to DOCS about this first thing in morning if I was you.
Fairgo said
You are a parent of the child. Unless the court has specifically ordered that you cannot care for your children then you should automatically have your child in your care. I would be talking to DOCS about this first thing in morning if I was you.

If a child is under a DOCS 'protection order' then control of the child has passed to DOCS. These orders can override any existing Family Courts orders.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Thanks Agog - tschulz should talk to DOCS ASAP. If there are any allegations flying around, they will deal with them quickly if it means the father can become the carer.

Hi

Yes agog is right. I wanted to put an urgent application to the FMC in - childrens court overrides.

Has somebody been in a similar situation or knows about it? I do not want to give to many infos because a decision has to be made - docs has only 28days max. What does docs look for?

Cheers
Carrot

Perhaps you may want to consider making application for membership to SRL-R, so that you can discuss your matter in a more secure environment. There appears there is more to it that you quite rightly don't want to discuss in an open forum.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Carrot - regarding DOCS - ask them how they may investigate the allegations. If the police are not involved then I can't see them doing too much about it. Once this is sorted out they will want some evidence that you can actually look after your child. If you have support from other family members etc.. that will go in your favour. Having to justify yourself to them is not a nice thing to do however they may on your side next time you are in court. That's how it worked for me.
carrot said
Yes agog is right. I wanted to put an urgent application to the FMC in - childrens court overrides.

Has somebody been in a similar situation or knows about it? I do not want to give to many infos because a decision has to be made - docs has only 28days max. What does docs look for?

Cheers
  I have extensive experience with tis but you are not giving enough information for me to make even the most basic assessment of your legal position.

1) Is there and existing FCA order??

Docs and FCA are COMPLETELY different but there is some overlap. This sort of situation is legally very complex.

State what order currently exist and what applications are before the courts, please.
I can reflect an incident that was similar to a related family member.

The child was taken from their mother bu DOC's after an incident that put the child in mortal danger ( once again ), because the police had been used as a weapon by the mother against the father and there were several A.V.O.'s etc over the years the father could not automatically care for the child. How ever his parents made an application for guardianship and once vetted this was applied. Later after he proved that he was a suitable father ( I know it sounds bad but there was a lot to answer and prove as lies ). He was then granted the care of his child, the mother was denied any form of access until she had undergone a lot of rehabilitation which as far as I know she has still not done.

All applications were made as soon as possible, they needed to ensure their environment was conducive for the childs needs and they could indeed care for the child long term if needed.

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