LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Department of Human Services - Incorrect Information on Removal Warrant - Legal?

Discussion in 'Family Law Forum' started by fido, 10 September 2015.

  1. fido

    fido Member

    Joined:
    10 September 2015
    Messages:
    2
    Likes Received:
    0
    Is it legal for the Department of Human Services to remove a child from their parents if the information on the removal warrant is incorrect? As in incorrect DOB, incorrect gender, etc. They only got the name right & that was by pure luck.

    If it is illegal, what can you do to get the child back? Can they refuse to return the child while they correct this? Do they have to return child in the interim while they get new warrant? Is this technically kidnapping & can you legally do something under Family Law, e.g., have them charged with kidnapping, sue,.anything?

    Any info on this is greatly appreciated, even if I haven't "asked" particularly. If it helps, the child was NEVER abused nor neglected etc & Department of Human Services is NOT alleging abuse nor neglect.

    He was in a very loving & nurturing environment, Department of Human Services has a history with the mother as a child & they don't like her. Plus she was charged for stalking a Department of Human Services worker (many many years ago) as she was the mother's worker as a child & had done the mother wrong majorly & deliberately. (the Department of Human Serivces worker's incompetence & malice towards the mother has been proven, it's not her word against her word, etc)
     
  2. Victoria S

    Victoria S Well-Known Member

    Joined:
    9 April 2014
    Messages:
    446
    Likes Received:
    44
  3. fido

    fido Member

    Joined:
    10 September 2015
    Messages:
    2
    Likes Received:
    0
    Hi, sorry it has taken a while to reply. i've had trouble signing back but i think i have got it all worked out.

    We've rang the DHS complaints &compliments line 4 times, have spoken to her team leader, his boss & as many more senior workers that they would put us through to right up to the area manager J. Rossi. We've also rang the minister of Families for Victoria 4 times and written her 2 letters, & have just finished a 3rd letter that we will post today.We literally don't know what else to do. It's like they know who they can pick on & do whatever to, as they know who has someone to stand up for them & who doesn't.

    My friend literally doesn't have anyone, her mum left her as a kid & her dad died. She is a loner in a way with not many friends, but she really is a happy, funny person. she adores her boy & loves spending time with him etc, just loves being a mum. But lately, it's like she is the shell of her normal self. She is very quick witted but even that isn't there anymore at the moment, i haven't heard her laugh in months & she can find the funny side of anything, honestly she can.


    DHS are not even claiming abuse or neglect, they are saying she is the problem, that they don't like her. She had another court date last week & it was just adjourned again. He's been in Foster care for 7 or 8 months now, still in an interim accommodation order, no orders, no nothing have been done since they took him. They even let him go on holidays with whoever has him, even though they asked his mum & she said no & her reasons were valid (i believe).

    Reason 1 was cause she was allowed 6 hours a week of access, yet DHS has only ever allowed her to see him 2 hours a week & she thought that their relationship/bond was more important than him going on a trip as she feels they slowly losing each other & their bond etc & did not want to do anything to push that along. esp since the first 4-5 months, mum would turn up to access but her son was never brought in to see her & 2nd reason was it was his birthday that week & she wanted to share it with him.

    They accused her of lying it was his birthday even though she has birth certificate to prove it, but then said she could pretend any day was his birthday & he wouldn't know so it wasn't a big deal. - basically lie to him. now legal aide is refusing to continue as too much funding already etc, & they don't think its a winnable case cause of dhs determination against her so its a waste of money in their eyes.

    DHS personally wrote to legal, & then straight away no more legal representation. Her boy thinks she dumped him, & she thinks shes failed him already in life. They haven't even seen each other in over 2weeks. But no one seems to care whatsoever, & are continuing to not only punish the mother, they are punish the little boy too.
     

Share This Page

Loading...