WA Abuse by Mother Substantiated by Child Protection - What to Do?

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AllForHer

Well-Known Member
23 July 2014
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Well, interim orders are different to final orders. Just because someone agrees to interim orders doesn't mean they agree those orders are best for the children as final orders. If, for example, a parent isn't seeing their kids at all, it's better to agree to some time in interim orders and aim for more time in final orders, than to refuse any time at all and just hope for the best at final hearing, correct?

On top of that, if they don't agree to even a small amount of time as interim orders, it hurts their case for final orders because it tells the Court they are all-or-nothing and prioritise winning over their relationship with the kids.
 

Madagascar Madness

Well-Known Member
16 April 2018
36
2
124
Gotcha...
When my son met with the family consultant he reiterated he absolutely wanted the kids to have a relationship with their mother and wanted her to have more time with them but only supervised for now as he was worried the baby would be hurt again.

Even in my affidavit I said I absolutely support both parents having meaningful relationships with both parents but that in the mothers case I was cautious given the serious abuse that had occurred to the baby.

I found it interesting in her affidavit that she stated.. I am attending counselling even though I don’t need it.

Mother has abuser denial and the bottom line for my son and also myself is that the court will just go.. ok you’ve given up weed and your going to counselling and the father still has THC in his system so here’s the kids!

The police told us that had the baby been and smaller the mother would of killed her.



Well, interim orders are different to final orders. Just because someone agrees to interim orders doesn't mean they agree those orders are best for the children as final orders. If, for example, a parent isn't seeing their kids at all, it's better to agree to some time in interim orders and aim for more time in final orders, than to refuse any time at all and just hope for the best at final hearing, correct?

On top of that, if they don't agree to even a small amount of time as interim orders, it hurts their case for final orders because it tells the Court they are all-or-nothing and prioritise winning over their relationship with the kids.
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
2,894
the court will just go.. ok you’ve given up weed and your going to counselling and the father still has THC in his system so here’s the kids!

Don't underestimate the intelligence of the judge overseeing your case. I'll admit that I've read cases where I felt they got it wrong, but only maybe two out of the many hundreds I've studied. These judges are not idiots, they're very good at pulling the facts from all the speculative noise in an affidavit, and they're very good at finding the inconsistencies. I say that from first-hand experience, as well.

A statement of 'I don't need counselling' against a CPS report that says she abused the children is very likely to cause the Court some grave concern, since it shows a lack of insight and remorse about her own behaviours toward the children. A parent's failure to appreciate their own issues rarely ever bodes well in the Court.
 

Madagascar Madness

Well-Known Member
16 April 2018
36
2
124
I guess what I’m hearing through this discussion is the court will sort the wheat from the chaff and the children will in all likelyhood remain where they are supported and have consistency and safety.

Placing with the mother would change EVERYTHING for the kids.. from school to daycare to sporting teams the 7 year old belongs to. Not to mention the mothers boyfriend is a known drug dealer.




the court will just go.. ok you’ve given up weed and your going to counselling and the father still has THC in his system so here’s the kids!

Don't underestimate the intelligence of the judge overseeing your case. I'll admit that I've read cases where I felt they got it wrong, but only maybe two out of the many hundreds I've studied. These judges are not idiots, they're very good at pulling the facts from all the speculative noise in an affidavit, and they're very good at finding the inconsistencies. I say that from first-hand experience, as well.

A statement of 'I don't need counselling' against a CPS report that says she abused the children is very likely to cause the Court some grave concern, since it shows a lack of insight and remorse about her own behaviours toward the children. A parent's failure to appreciate their own issues rarely ever bodes well in the Court.
 

Madagascar Madness

Well-Known Member
16 April 2018
36
2
124
Hi all...
So the child protection report overview has been sent to the ICL
Basically..
The child abuse has been substantiated although they can’t cstagotically say who they think it is but have substantiated that it took place at the mothers home. Either her ior her partner, who was rarely home due to work. Is responsible.. Child protection has serious child protection concerns about the mother and the safety of the children in her home and have stated as such to the ICL and have recommended the children do not return to her and remain in supervised contact in the long term. They are stepping back from My grandchildren but will remain with the mother as they have serious concerns around the new baby. There will be ongoing intensive support and intensive monitoring of the family. They want the mother to engage with a clinical psych
There are absolutely no child protection or safety concerns with my son or our family.
The report states the children appear very happy and are well cared for in the hime.

I’m hoping this report is a positive for my son.. and us.. just need to protect these babies. She has slung some serious mud about my son and family in her affidavits in fact it’s quite vile but you can see the contradictions and gapping holes in it.

So the question - How seriously do family courts take the cpfs reports and form 4 responses. Do they generally follow the recommendations particularly in the case of serious child abuse.
 

Unknown entity

Well-Known Member
9 March 2018
30
1
124
Any credible third party investigation reports whether it be police, child protection reports and/or findings from a phycologist is treated by court with utmost respect and importance.

Family courts take any cpfs reports very seriously as will the ICL.

I assume that the police detectives have been involved and the child protection are informed by detectives of police interview findings, if this is the case and your son has been cleared by a police investigation have child protection provide to your child a letter of advice of no maltreatment and/or likelyhood of maltreatment, this will go along way in assisting your son through the family court processes. If this letter of advice by child protection is received, ensure that the ICL and court is provided with such copies.

As a previous contributor has already communicated, magistrates are very much aware of affidavit mud slinging, rest assured that reports produced from child support for example, will provide significant weight in a court of law moving forwards.

Maintain your focus on doing what is in the best interest for the children and keep them well insulated by not discussing court related issues with them

Tip, change your member name if it’s your real Christian and Surname and remove photos of Children, you may be in breach of family law act S121 which is a serious indictable offence, you could be found to be in contempt of court and may be ordered to pay the Responders legal fees.
 

Madagascar Madness

Well-Known Member
16 April 2018
36
2
124
Yes the ICL has revived a email from CPFS that my son was never a suspect and has no child protection concerns against him.

The form 4 response isn’t due for a week or two from cpfs.

Not sure how to change my name etc ..
Gave it a crack but nothing happened!!




Any credible third party investigation reports whether it be police, child protection reports and/or findings from a phycologist is treated by court with utmost respect and importance.

Family courts take any cpfs reports very seriously as will the ICL.

I assume that the police detectives have been involved and the child protection are informed by detectives of police interview findings, if this is the case and your son has been cleared by a police investigation have child protection provide to your child a letter of advice of no maltreatment and/or likelyhood of maltreatment, this will go along way in assisting your son through the family court processes. If this letter of advice by child protection is received, ensure that the ICL and court is provided with such copies.

As a previous contributor has already communicated, magistrates are very much aware of affidavit mud slinging, rest assured that reports produced from child support for example, will provide significant weight in a court of law moving forwards.

Maintain your focus on doing what is in the best interest for the children and keep them well insulated by not discussing court related issues with them

Tip, change your member name if it’s your real Christian and Surname and remove photos of Children, you may be in breach of family law act S121 which is a serious indictable offence, you could be found to be in contempt of court and may be ordered to pay the Responders legal fees.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
Yes the ICL has revived a email from CPFS that my son was never a suspect and has no child protection concerns against him.

The form 4 response isn’t due for a week or two from cpfs.

Not sure how to change my name etc ..
Gave it a crack but nothing happened!!

Did you try this - click on your name in the top right corner so you go into your account, on the left under settings, second from the bottom you will see the option to change your name.