QLD Custody of Children for 13-Year-Old Sibling?

[Keedan Punch]

Hello,

I currently have my 13-year-old sister here with me. She is staying with a friend of her mother's and she gave her permission to have her come up for the weekend.

Her mother is unable to care for her because of severe mental health issues, a severe drug addition and the fact she has an arrest warrant out because she set her home on fire. She was put onto Probation intermediately and she failed to sign in 3 weeks ago and appear in court regarding her case.

I have spoken with the family friend about the situation and she informed me that her mother is severely addicted to multiple drugs, the main being Crystal Meth. On more than on occasion in the past few weeks, her mother, while in the friend's house, has beaten her and held a knife up to her. Her mother has given her number to drug dealers and they are harassing her for information on her mother and while at her grandmother's house (who is also a drug addict), drug dealers and been found lurking at her gate calling out to my sister for information on her mother.

I have been told these things by the family friend, her grandmother and my sister herself.

I fear that if I return her to where she has been staying that her mental and physical safety is in jeopardy. Her mother has custody of children, but as stated above, she has a current arrest warrant out with very possible jail time because of her criminal history. She is unfit to be a mother, so she has left her with her friend.

My question is, am I legally allowed to have her here until tomorrow afternoon so I get the chance to speak with a solicitor and child services? Am I breaking any family law? As the family friend she is residing with does not have any form of custody, is this legal?

I am simply concerned for her safety and know it is not the moral thing to do by taking her back to the house.

Thanks.

 

[Rod]

A moral response would be something like:

Other people would be likely to keep their sister for the extra day, only selectively answer calls overnight, when contacted tomorrow they'd say, oh, this has been a misunderstanding, I thought arrangements changed/were originally to return her Mon or Tues.

Some others would say to their mother, I'd ask you to come around but the police are watching the house looking for you.

Yet others would be direct and say you are not in a fit state to look after her. Get yourself better and we'll talk again later.

Legally you have a duty of care to protect your sister and based on your post, it seems you would be protecting her by keeping her at your place. It also helps if she backs your story. You should see about guardianship before the mother is put away, as once she is put away and your sister enters the 'system' there can be other difficulties arising over where she goes.

You should make anonymous queries to start with, including asking about a CPO - Custody order where a family member or the chief executive has custody, the parents retain guardianship: Read this: 3. Decision-making for the child - Child Safety Services, Department of Communities, Child Safety and Disability Services (Queensland Government)

 

[MartyK]

Are Child Safety QLD already involved with the family Keedan? There may be a file already open on your sisters mother, in light of the behaviour you describe?

Did 'Mel' the mothers friend, who your sister has been staying with, report those incidents she witnessed to Children's services and the police?

Have you personally witnessed any of the alleged incidents or behaviours you describe of your sisters mother?

The reason I ask these things is that while the information you have been told could be true, the fact that you have not witnessed any of it adds a layer of complexity.

If your sister is fearful of returning to her mother however, an option could be for you to escort her to the police so she can give a statement, and go from there. If the police are concerned they will make a report to Child Safety.

 

[Rod]

Wondered about the police option. I just don't know how they would respond hence very reluctant to suggest that as an option. The risk is they may take the sister away in custody and then control is ceded before understanding what all the options are.

It is not unknown for Child Services to enter into a bad situation and make it worse.

 

[Keedan Punch]

Thank you for your responses.

Yes, Child Safety is involved and they have an open case at the moment. As far as I know, the police were called on the occasions of physical violence but whether or not a report was submitted to Child Services is another question.

This is a 13-year-old girl who has lived her entire life in a domestic violence household, where drug addicts and dealers, abuse and violence are the norm. Speaking with her yesterday, she does not think that anything is wrong and that is my worry. She will not want to move away from a situation if she believes that it is okay.

 

[MartyK]

Wondered about the police option. I just don't know how they would respond hence very reluctant to suggest that as an option. The risk is they may take the sister away in custody and then control is ceded before understanding what all the options are.

This is possible Rod although assuming Keedan is an adult and his sister is deemed to be safe in his care, then Child Safety would be inclined to view him as, at the very least, an appropriate 'temporary' carer, if his sister is deemed to be in danger in her mothers care.

I forgot to ask you Keedan. You say that your sister 'came up' to visit. Is your sister usually a resident of QLD?

 

[AllForHer]

This is a rather complex situation. I assume you're over 18 years of age?

Realistically, the police can come and collect the child to return her to her primary residence, and there wouldn't be much you can do to stop that from happening, especially if the child is eager to return to her mother. Since you haven't actually witnessed any of the alleged violence/drug use yourself, it's going to be difficult to argue she's in danger because you don't know that for certain.

So your best option is to speak to child protective services about the situation.

You might also consider filing for a domestic violence order against the mother and naming the child as a protected person.

 

[Keedan Punch]

Yes, Rod I am an adult. I am 22 years old. I have a wife, a daughter, a stable home and a stable income. I have never been in trouble with the authorities (other than a speeding fine) and I have never touched a drug in my life.

My sister is a QLD resident and lives in Woodridge.

Our father passed away 6 years ago now and he was also a drug addict and a violent person.

Why child services, with the amount times they have been involved, have allowed to the stay in their custody astounds me.

 

[MartyK]

Why child services, with the amount times they have been involved, have allowed to the stay in their custody astounds me.

This is why I think it needs to go through the police.

 

[Keedan Punch]

Hi Allforher,

The authorities are very well aware of her mother. She is frequented at the many police stations and court houses in the Logan area. They are aware of her drug habits, her instability and her violent nature. Proving any of this is not a problem.

The house she is staying at currently is directly across the road from the house her mother burnt down. The same street drug dealers and addicts live in that are persistent about reclaiming money she has either stolen from them or has gotten drugs in promise of funds.

These same addicts and dealers, have been on the property regularly and have threatened her mother, to the face of a 13-year-old.

I understand it is a very complicated situation, I just want to know if having her here until I can speak to a solicitor tomorrow is breaking the law?

Thanks