Unfortunately I've arrived at a point where I have to file a contravention application. I foresee a Final Order App for sole care and/or relocation in the not so distant future.
In respect the contravention application - if a serious breach is found by the court - can the court make an order for the party in breach to pay a bond (e.g. $5k-$20k) which would be forefeited should an further breaches occur?
Different day, same problem .... Child Protection/FACS
Hi everyone. Long time.
Need some feedback.
For those that don't know me … several years back, 2009/2010 I had a matter that involved false sexual abuse allegations. The matter was investigated by 2 courts, a child psychologist and it was concluded that the mother of my child coached my daughter to say things.
2012 I get a call from Child Protection who interviewed my daughter at school after a risk-of-harm report was made. The issue being 'disciplining my daughter' (i.e. smacking), daughter saying 'she didn't want to go to my house', 'scared of me', yada, yada.
Child Protection called me in for an interview and insisted on observing me while I picked up my daughter from school.
I find out they still have me marked as 'high risk' and they had not updated their records to reflect the court findings in relation to sexual abuse allegations. Still operating under the findings outlined in the Magellan Report from 2009.
So I sent them a whole bunch of documents - i.e. court transcripts, Expert Witness Report, etc. - in respect the false sexual abuse allegations.
It all turned out ok. They put together a case management plan which had the effect of pulling the mother into line over some matters.
THEN - 3 weeks ago I get another call from Child Protection. New bunch of people, the previous caseworkers had moved on. Wanting me to come in for another interview. At the interview I'm told my daughter had some 'vaginal discharge' and a risk-of-harm report was made by the doctor. I was told nothing abnormal was found.
I asked, 'why was a risk-of-harm' report raised?". Caseworker says, 'Probably because the history of the matter'.
I asked her 'have you read any of the material that I provided previously?". Caseworker says 'no'. So I give it all to them again.
Anyway … get an email from Caseworker today saying that they test my daughter for STI's. No STI's.
Got really mad, shot an email back saying 'i'm withdrawing from any further cooperation in this matter, you're wasting my time' or words to that effect.
What can I do to stop this reoccuring interference by FACS? Any suggestions?
Its happened again! Just got a call from Family services. False allegations!:
Ok. Situation handled.
Apparently its not what I first thought.
The school made some kind of notification to FACS because they were concerned about my daughter, e.g not making friends with people at school. Its also about the time I had a dispute with the mother about scheduling, after school care arrangements where the Principal got involved.
Any way … they only followed up on it last Friday, visited the school and interviewed my daughter. Apparently <daughter> said something to them that made it sound like I was abusing her - e.g. I've smacked her across the face, back and/or legs.
Apparently just coincidence that last Friday I was threatening court action. So not a matter initiated by the mother.
Orders for after & before school care AND overseas travel:
Yeah - I didn't get invited to FDR.
Your number 3 could possibly be "That both parents are at liberty to travel overseas with the child during school holidays when the child would normally be in their care." or something along those lines - saves the "as agreed between the parties". Followed by "Both parents are to provide the other with no less than 21 (twenty-one) days written notice of their intention to travel. This notice is to include departure and return details, as well as contact details to enable phone contact between the child and her parents".