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QLD Child Protection and Child Safety - Sue for Emotional Harm to Children?

Discussion in 'Family Law Forum' started by Kymii Bix, 3 May 2015.

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  1. Kymii Bix

    Kymii Bix Member

    3 May 2015
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    Hi there,
    I'm a mother of 2 children, aged 3 & 1. I myself am only 21. In May 2014, child safety took my children into care under voluntary care agreements and returned them to me after 10 weeks, and a phone call my stepfather made to the department.

    Everything was going fine, I was seeing the FIN worker like they asked and going to parenting classes to help me manage both very demanding babies.

    In November 2014 child safety interviews again apparently having reports I was neglecting my children, even leaving them unsupervised all weekend whilst I went out clubbing. All reports were completely untrue! They then placed my children into foster care and I fought tooth and nail to get them back only to be slapped with a 1 year child protection order in March 2015! I went to legal aid to ask for advice wanting to appeal the decision, only to be told there's no point.

    I've been doing all my research, looking for a loophole as my 3 year old now tells me she hates me and my 1 year old doesn't know who I am besides some lady that visits them every fortnight! They have caused so much harm to my children and myself emotionally, I need to know where to start! They can't get away with this and do it to other undeserving parents as well!

    Please help!
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    There is no avenue to sue for damages on grounds of emotional harm under the Family Law Act 1975, or any other relevant legislation, either, but you can file a complaint with the Department, if you wish.

    If I may, try and think about the situation in terms of outcomes. If you could sue the Department, would it improve relations between you and your children? Probably not. It might even achieve the opposite because litigation consumes a lot of time and energy that might be better spent on your kids.

    It might be more rewarding to take a forward-focused approach. What happened in the past can't be changed, but your kids are very young and you still have every opportunity to repair the relationship between you and them. Maybe some counselling might be of more assistance to your kids than looking for loopholes in the system.

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