WA Can Parental Rights be Taken Away Involuntarily?

[Strongarms38]

What if a parent takes children's rights away without a family court orders to do so. Legal aid advice acted on but no reason or order from the court. I've done all the court requires even though I've done nothing wrong and no orders are in place. It's been harmonious 50/50 for 9 years. Seems to be welfare driven.

 

[AllForHer]

This is really something you should be taking up with the court. Nobody here can extend support or tell you you're right or wrong, we can just tell you what the law is and what you might expect from legal proceedings.

I would strongly advise getting legal advice for this matter.

 

[Strongarms38]

Mainly seeking an opinion. Seems that she's doing everything in the family court guidelines completely wrong and the kids suffer for it and she's allowed to get away with it. Monitors the kids phones. I can't safetly txt them let alone try and call and expect her to allow a private conversation.

 

[Sarah J]

If it's monitoring the children's phone conversations, this may be more of a parenting issue rather than a legal one. The courts do no like to intervene on parenting decisions and will only do so in exceptional circumstances (e.g. where one parent is denying the other from seeing the children or trying to unilaterally take the children somewhere else).

If, however, what the parent is doing is not in the children's best interests, then I would suggest speaking with a family lawyer or your local community legal centre about this. Every family situation is different and so it is not possible to give you "our" opinion. As AllForHer has said, we can only tell you when court's may intervene, what factors courts will consider and, in exceptional circumstances (see examples above), when courts will likely intervene.

 

[Strongarms38]

Thanks Sarah J. I appreciate advice be it well intentioned or completely accurate isn't of vital importance hence only asking an opinion. I've got a lawyer and finally after 9 months an interim order which she's breached in just one day of the judge ruling. Her lawyer doesn't have the kids best interests at heart just his wallet. He's dreadful and first court appearance he did all he could to almost get disbarred. Judge didn't like him and he was cautioned that he's pushing her limits as to what she'd tolerate from a "professional" he barely even mentioned the kids. In family court they are all I care about. It is a unilateral action she's taken. I could have acted swifter but never thought there was a need at first. She's proven since there's now a need. It's going to be expensive for her with the council she has and welfare fraud I'm pretty sure is the motive as she can't afford to pay for the kids. Seems to have stemmed from that.

 

[Sarah J]

I suggest the lawyer be terminated and a new lawyer be retained. The lawyer can be also complained about if they are acting unprofessionally and against the interests of the client.

If there has been a breach of the interim order, you may choose to bring this to the court's attention and she may be penalised for breaching the other.

 

[Strongarms38]

I'll find out what action my lawyer wishes to take in the morning. She's replying to my messages to my kids from their phones and trying to say it's from them. Rediculous.