do i have a case against child protection

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skdad

Well-Known Member
7 April 2020
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Victoria, melbourne
im wondering if i have a case against child protection or is it just a case of the system is broken and it is what it is.
firstly all my story is 100% unbiast, true and admits fault where i am at fault. just the facts, not my opinion.

i have full custody of my 6 year old son, i have had full custody of him since 2017.
also in 2017 i had a mental breakdow due to my daughter just being blrm and her mother (my previous partner)informs me in the hospital less than a week after being born that the relationship is over.
i alsi lost a my life savings in a bad investment and my mental health which has been an unmedicated problem since i was born was not coping well.
i was very depressed, i still got my son to kinda everyday, rugby practice ect.
my family gave me no support at all, instead being more demanding and judgeing.
i didnt see my new born daughter hardly for a few hours here n there for the first 3 months.
fast forward to mid 2018, my mother for the 4th time puts an ivo on me following a verbal agreement, claiming i assulted her. i didnt.
i was sent to jail, did 2and a half months and was released on a cco for 12 months, my son was taken by child protection when i was remanded from my current partner before kinda and i started to get him back.
child protection wouldn't meet me anywhere than a police station wkfb officers present in the room for the first 2 or 3 meetings and were nothing but factual about me never seeing my son again, after complaining to the ombudsman they were told to hear my side of the story and i had a meeting with one of the managers.
this meeting went for 3 hours, at the end of it they told me i would get my son back the next day, which i did.
they called me on the friday and let me know i had to attend childrens court on the monday simply as a formality to sign my son back to me, on the monday i attended but the judge, infuriated at child protection for incorrectly filing paperwork to some degree or aspect ordered my son to be returned to his mother even with child protection saying they were on my side.
in the following months they changed from my side to nutural to my x's side for no reason without any change in circumstances, the workers changed and it was like i was the criminal, i was treated like a psycopathic murderous violent male for no reason, around this time i started getting sick, which led to ulcerative colitis which when it was diagnosed i was informed is brought on by stress, i then nearly a year later had heart failure and was in a coma.
after waking some time later from the coma i wanted to see my son naturally, no not till i was discharged, ....
anyway there is more to it but i would like to know just off that if i have any sort of case against the ppl who wrecked my home.
thanks
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
do you have claim? probably.
Is it worth pursuing? hell no. You are taking on the govt. Tax payer funder solicitors and barristers. See they live in a world where they have done the best thing ever. If you complain you're the problem. So if you have a lazy couple of hundred grand to throw at this then go for it...
But you don't. And respecfully you're health is gonna suffer all the more if you even try. Mate I have not been where you are. Been pretty close. I realised the only person loosing sleep, stressing and dyiing young because stress kills was me. None of them were loosing sleep over it. None of them were gonna have a heart attack at 45.... But my blood pressure and everything else I was suffering from gave me good reason to think I was primed for a heart attack.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
im wondering if i have a case against child protection or is it just a case of the system is broken and it is what it is.

Unlikely.

They typically have a defence to most defamation claims and you effectively have to prove they acted knowing the information was false.

Very high hurdle to overcome. Not impossible, but very difficult in many situations.