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QLD Do I Have Grounds to Sue the School?

Discussion in 'Family Law Forum' started by Sc99, 27 September 2016.

  1. Sc99

    Sc99 Member

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    My child was living with the grandmother on the fathers side for 18 months due to violence at home. I was threatened that if I left, they would take my child and never see them again. When I eventually got the courage to leave, l was unable to get my child until the mediation 3 months later, due to the father being at the residence.

    At mediation, they refused to return my child to my care, even though the family court orders made in 2005 awarding me resident care were still in place. A parenting plan was signed that they would allow me to see my child 3 times a week at their house with the father not being present. One week after this was signed, they cancelled this and only let me see my child one hour per week.

    3 months later, the father was sent to rehab. I went to a lawyer for advice and was told as the family court orders from 2005 were still in place, I was legally allowed to get my child. I attended the school and produced all the papers and was allowed to take my child home, informing them that no one else had my permission to remove my child again. The next day, when I went to pick up my child, I was informed by the school that had let the grandmother and aunt (who works at the school) take my child. They did not return to school until they had gone to a psychologist to gain a report saying it was traumatic for my child to be taken from them.

    When I asked the school to show me what evidence was provided to show they had legal permission, I was told to speak to a lawyer.

    The grandmother got out of rehab to stop me from taking my child again (child is 11). I was unable to see my child for 6 months until the interim. By this time, my child stated that they wanted nothing to do with me as I had gotten dad in trouble. The courts allowed this to go on for two years.

    By trial time, my child stated that they were done with me and had nothing more to say, hence the grandmother was given custody.

    If the school had not allowed my child to be removed, my child would be having a relationship with all parties as I do not believe in alienation from other family members is the best thing for my child.

    Do I have grounds to sue the school?
     
  2. AllForHer

    AllForHer Well-Known Member

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    In my opinion, you don't have grounds to sue the school. Schools retain a list of people approved to collect the child, and unless there's an order for sole parental responsibility (which is different to primary residency), then both parents can add to that list as they so choose.

    If the grandparents were approved as people able to collect the child, the school has upheld its legal obligations and it has not breached any duty of care, meaning you don't have grounds to sue.

    What you should have done was applied to have the 2005 orders enforced when they were first contravened.
     
  3. Sc99

    Sc99 Member

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    A lawyer who represented for the DVO told me that the order was no longer relevant. We had to go to court. It wasn't until months later we were told by another lawyer that that wasn't the case as the other parent was absent. I provided this evidence to the school and had informed them I did not give permission for anyone to do the pickup.

    The other parent returned the week after the event.

    Thank you for your answer
     
  4. Sc99

    Sc99 Member

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    I signed the papers for sole custody under duress from barrister and solicitor telling me I had no choice as my child said they didn't want to live with me and that is what the judge will order.

    Was there another option I could have asked for?
     
  5. AllForHer

    AllForHer Well-Known Member

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    I am confused about the timeline of what you're saying. Were the 2005 orders made after a trial by the Court, or were they agreed by consent? When were the orders for sole 'custody' made?
     
  6. Sc99

    Sc99 Member

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    Consent orders were made in 2005. She lived with me, had contact on weekends by consent for 8 years. Ex moved back in for 2.

    The last court was June. Haven't received orders yet. I was self-represented. They had 2 barrister and a solicitor. I asked for share, they said no, and wouldn't allow a support person to come into room with me, and told me to sign.
     

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