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Department of Community Services NSW .. Human/Financial Cost for The Return of Your Child

david and goliathWe all know the HUMAN cost involved in Court proceedings in order to have our children returned to us.

The HUMAN cost to both parents/grandparents and children is undoubtably a mental scar that will never heal. The ongoing trauma, emotional damage and mental endurance that is placed on us in dealing with the brick wall that is built in a defensive negative aspect by the Department of Community Services NSW to review and return our children to their rightful place in life takes its toll on us mentally, physically and financially.

The Legal Aid system is unfair, unjust and one sided, it also fails to fund what is warranted to have evidence heard in the Courts regarding the positive side to returning our children. Almost all parents and grandparents will have experienced failure in the Children's Courts due to limited time and denial of evidence being viewed.

If Legal Aid is not available to take us to the next step of Court proceedings you will find yourself out of pocket at an average of $40,000, which can bring us into financial ruin and another round of stress.

How much have you suffered financially ?

How many of you have been refused Legal Aid?

How many of you have walked away with dying hearts due to the David & Goliath mentality of the system?

Comments

+3 #2 MsGuest 2011-08-31 23:45
My 8yr old grandson and his 2yr old brother were removed from their mothers' care by docs after 70 at risk reports. The court allowed the 2yr olds grandparents to care for both boys until the courts decided on who should have custody. Because of their sibling policy they did not want to separate the 2 boys even though they have different fathers. An Expert Psychologists report was ordered to assess who would be the best people to place the children with for long term. I trusted that this EXPERT would get it right but this was far from the truth. All parties objected to the report as it was full of inaccuracies,as sumptions, contradictions, errors and misrepresentati ons. Overall a flawed assessment. We have been witness to docs lying in the courtroom. I am not alone in the belief that docs have turned this case into a personal vendetta simply because they do not like my son nor the other grandparents son. The 2 boys were with the other grandparents for 13 months during which time they enjoyed an active life. I watched them go from strength to strength with my grandson being involved in Little Nippers during the summer months and then soccer in the winter months. We are set down for Final Hearing at the end of October but unbeknown to any of us docs acted on the EXPERT report, 1 month after receiving it and removed my grandson from school and his brother from daycare and have placed them with strangers. This cannot possibly be in the best interest of the children. This report was prepared for the court to make its decision yet docs seem to have taken the law into their own hands. My heart breaks for these children.Every day I wonder how they are coping and how they will ever trust anyone again. :cry:
+3 #1 Care Court is NOT a System of JusticeGuest 2011-08-29 23:47
:-x Care court is not a system of justice. You are found guilty because DOCS say you are without providing any proof or evidence, just hearsay...In my case there is no evidence because the allegations are false.

I was unprepared for such blatant lies, corruption and injustice. No parent could be...Firstly DOCS were the only side that Magistrates listen to and to my horror actually believed.

Legal Aid is appalling and just as corrupt. The solicitor failed my son and I. Not only did he not even find the time to read the case but he did not find the time to read the evidence that I had spent a month, day and night collecting to disprove the false allegations and outright lies of DOCS. I was told this was because he was only funded for four hours and so there was not time. My affidavit of response was then constructed by an out sourced solicitor the night before it was due to be filed. It stated very little and contained many errors as they quite simply did not know the case.

Then the Affidavit was not even filed on time...I was then told I had to sign this appallingly inadequate and inaccurate response just before entering the court room which meant that the magistrate actually had NO RESPONSE from me at all before her.

Then against my direction, wishes and better judgement the solicitor accepted the DOCS case in “the interests of time without admissions”.
I was in shock, totally devastated and very angry...In hindsight I realise now that was the moment I lost my son...all for the sake of a few dollars.

So I began writing and filing my own Affidavits attaching all the evidence needed. But sadly it was TOO LATE as now nearly two years later NOT ONE Magistrate has ever read them. I then sort the expensive legal services of a private Barrister. Orders were sort by the Child Rep and made for the relationship between my son and I to be rebuilt by a Psychologist not connected in any way by DOCS.

That was 10 months ago and the Order has meant NOTHING to DOCS. DOCS have ignored me, my solicitor, the Child rep and the Private Psychologist in multiple attempts made so far to contact any of us to arrange for appointments to be made for my son to begin the process of rebuilding our relationship severed by DOCS. It is now 665 days since I last had any contact with my young son. The daily worry and despair for my son, the pain, grief and loss has taken its toll.

My son was taken from QLD to NSW against his will. DOCS stole him in NSW and refused to return him to his home state of QLD. As a result the costs for me in the case at the Parramatta Care court have already exceeded $50,000 as every trip to NSW alone costs around $2000 in travel, accommodation and lost income even before the bills for legal fees are paid.

I now have grave doubts that I will ever see my son again. DOCS from the start have done everything they could to keep me from contact with my son. They have lied to both of us consistently at every turn. DOCS know that if my son and I come face to face in a situation that they have no control over such as with the Private Psycologist sourced by the Child Rep that the truth will be revealed and they will have a case to answer. So DOCS solution is to ignore the Court Order to protect themselves. Nothing about this corrupt process has been in the best interest of my only son.

I was one of the “FORGOTTEN AUSTRALIANS”. My son in now one of “THE NEW STOLEN GENERATION”.

I have never abused my son, far from it, and I did everything I could to give him a great life and parented him to reach his full potential.

I have a university education, a professional career, have never taken drugs, do not drink alcohol nor have a mental illness. The life of my son and I and our relationship has been destroyed by DOCS, lies, corruption and abuse of power. It appears so far that DOCS are accountable to no one for their abusive and criminal actions. the only people that have abused my son are DOCS and his kidnappers.

Until the Care Court System is brought under the same Justice System as other Courts in Australia where a parent is presumed to be innocent until proven guilty with REAL EVIDENCE and FACTS not the FABRICATIONS, FALSE allegations and outright LIES currently utilised by DOCS, I fear the number of children corruptly stolen by the state of NSW will continue to escalate at alarming rates.

By the time I was able to comprehend the injustice of the Care Court System and the power and corruption of DOCS is was too late.

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