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Legal Contacts For Parents Dealing With Child Protection In Australia

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NSW Family and Community Services's picture
on Wed, 05/01/2013 - 17:56
Fight Child Protection Department Corruption: 
Legal Contacts For Parents Dealing With Child Protection In Australia

Below are links to legal practitioners in Australia who deal with child protection matters. You can leave your comments relating to these people/organisations to tell others about your experience when dealing with them.These legal contacts for parents are given wtih the best intentions of helping parents in their fight to return their children back home when dealing with child protection.

We will try to advise where possible where lawyers deal pro bono where possible, however it is better to deal with any legal questions and proceedings with by seeking legal advice yourself.

One of the questions you would be advised to ask a lawyer upon contact is if they represent child protection departments or not. It is not advisable to enlist the help of a lawyer who represents departments of child safety when contesting child safety matters because of the likelihood of their fratenising with the department responsible for the removal of your children.

 

Comments

Seven Oceans's picture

Hi, 

My name is Michelle, I have been in the courts since 2005, Criminal, Family Court, Eastern Appeal, High Court consideration, District Court in relation to a civil matter. There is nothing civil. I self-represented, I was given a quote of $40,000 per day to match my ex's legal team.  I took 5 years leave from Qantas as a First Class Flight Attendant (16 years in the Airline)  to fight my case against my ex-husband a Qantas Pilot, I lost an annual income of $120,000. Sydney based.  I had a direct access barrister; however at the end of the case I removed her, Anne Gibbons, ADA Evans Chambers, as she was throwing my case.  Taking money from the other side, my ex Bryan Dion Tiaki Greenfield.  I worked with her as her legal assistant during the period amongst other areas whilst she had her hands on my case.  I believe in great representation or represent yourself.  

I confirm the above comment about not going for advice with departments that have actually removed your child/children/grandchildren..from you.  They will hinder you.  I spent the majority of my 8 years in the NSW jurisdiction.  I am now in another State.

When you walk into court, have a support person.  Do not talk with the court officers other than minor conversation.  Do not make friends with anyone in the court room, once you walk in you can be monitored.  They have people placed to listen in; eaves drop in on your conversations.  Find a private place outside of the courtroom to have discussions.  There are no friends in the courtroom.  Show some emotion but not uncontrolled emotion.  They watch everything.  Mobiles and computers can be monitored. Apartments etc. can be tapped if they go to that level.  Stay savvy.  Be kind to yourself, in this process.  Close in your circle of friends, know your support.  You will need them.  Trust your instincts.  If you have safety concerns, we can discuss that separately.  

If you are self-representing, forms can be found on the following site;

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Family+...

Western Australia

http://www.familycourt.wa.gov.au/P/prescribed_forms.aspx?uid=1242-4696-3...

http://www.familycourt.wa.gov.au/N/non_prescribed_forms.aspx?uid=7570-39...

If you are initiating an application, which means if you are the first person to file in the courts, you fill in an initiating application with a supporting affidavit; these in other states other than WA can have annexures, which means a document which supports your application.  This may be an email, orders sought to name a couple.  You start say by writing onto the top of the document Annexure 'A', then Annexure 'B' etc.  In the affidavit you note - see Annexure 'A', - see Annexure 'B'.  You have these documents signed by a JP; you will need your identification.  A JP can be found in the court room or at locations as per listed in or near your area. You will then need to fill in an Affidavit of Service and file this.  You will then receive a Response to your Initiating Application. There will be lies in the Response.  Always go with the main key points that you can substantiate/back up.  Stay true to yourself, I use to say "dammed if I do, dammed if I don't” Dress up, dress down.  However I learnt to just stay true to myself.  They will try; the other side to character assassinate your character.  Stay focussed.  

You both initial at the bottom of every page, if there is a full signature of a person i.e. yourself only the JP will sign or the other way around.

You need 2-3 copies, after having the original signed; you then file it in court. You may be able to apply for an exemption of fees.  This is if you hold a government concession card.  This means you will pay no fees.  You need to provide a current concession card and fill in the exemption form.  This will remain on your file and all fees you will be exempted for as far as court and filing costs, legal is additional if you choose and find a person suitable to your case.  Photocopying etc. may be charged to you.

You will be given a court date, the average is case runs for 3.4 years last time I was informed.  It may be shorter; it may be longer depending on the individual case.  Keep your head up, focus always on the positive.

Subpoena’s will then need to be served on whatever area you would like to get information from to support your case.  The subpoena forms can be found on the above link, you then will need to pay a cost to serve the subpoena, these range ($90 approx.), the costs are called conduct money, money order cheque etc.  On the subpoena form there is a list, Schedule to Subpoena, here you list what sections within that department, organisation etc. that you want to gain information;

I.e. Subpoena to the Police Department

Item Number Date Description

1.                             All records and documents including but not limited to criminal 

                                records, duty book entries, official notebook entries, records of 

                                interviews, fact sheets, running sheets, occurrence pads, file 

                                notes, COPS entries, ERISP tapes and audio visual tapes 

                                handed in as evidence in relation to i.e. Bryan Dion Tiaki 

                                Greenfield born 19 August 1970, Michelle Joy Greenfield born

                                15 August 1970 and the child James Lawrence Hautawaho 

                                Greenfield born 16 November 2005.  

NB you will only mention your own name in the description of the schedule if it is 

favourable. Also note the use of plural, there may be a number of pieces of evidence.

These subpoena’s you can ask for first access, and photocopying permission.  The Registrar in the Subpoena Hearing may or may not grant you this.  Get to the exhibits room once the Subpoena Hearing is over and peruse, look over the subpoena, take down notes.  These subpoena’s will be a part of the process later on when in the Final Hearings to form as exhibits, so you ask the Justice to tender the subpoena’s you want him/her to look at.  Go with the strengths.  

You will have a number of mentions, subpoena hearings, mediation, and financial settlement, interim orders before you file what is called A Final Affidavit.  This is a summary of your whole case with supporting documentation listed as Annexures.

One step at a time.

There may be an Independent Children's Lawyer representing the child/children, grandchild/grandchildren... do not expect them to support you.  You may have a psychological assessment ordered, I did, it cost $3,000 a total of $6,000, and I paid half.  I came out with no DSM Axis Clinical Psychological Disorder.  If one is ordered, order one on the other side.  Your credit card transactions etc. everything can be subpoenaed. You may be asked to Parenting Courses, do them, tick these boxes.  

Never doubt the ability of one person to make a difference.

My contact details have changed; 0415 087 772 a/h

savagevlove@gmail.com

If you would like to discuss anything further.  I am at University.  Aiming at becoming a Human Rights Lawyer.

Kindest Regards 

Michelle Greenfield

Seven Oceans's picture

1.All records and documents including but not limited to criminal 

 records, duty book entries, official notebook entries, records of 

 interviews, fact sheets, running sheets, occurrence pads, file 

 notes, COPS entries, ERISP tapes and audio visual tapes 

 handed in as evidence in relation to i.e. Bryan Dion Tiaki 

 Greenfield born 19 August 1970, Michelle Joy Greenfield born

 15 August 1970 and the child James Lawrence Hautawaho 

 Greenfield born 16 November 2005.  

Seven Oceans's picture

You may need to file first in the Federal Circuit Court of Australia.  My case was moved to the Family Court after the first appearance.

Kindest Regards 

Michelle

Seven Oceans's picture

I will show an example of the forms, using my case as an example.  Most is in the public domain as it was high profile case.  I think if you can see an example of how a form has been filled in, it may help you in your case, especially for those that are self representing. I will post these ASAP.

Kindest Regards

Michelle

natbakinfo's picture

Hello

Is there a way to find out the rules Child Safety has to work by as in my case they act only on "We think you be a danger to your child".

As for legal advise, I lost my job and have no income, is there any free legal advise? Legal Aid will not touch the dep.

Thanks

John