NSW Do Police Have the Right to Take Son from Me?

[Amy McGuinness]

My ex partner assaulted me by punching me in the mouth whilst nursing our 5-month-old baby, and as he hit me his mouth, continued past me and hitting our 5-month-old baby in the eye causing a nasty bruise on his eye. When the assault occurred, I literally woke up 5 mins beforehand and had only just put my son's bottle in his mouth.

There were no arguments beforehand, but my ex did go through my phone and before hitting me asked why I had deleted messages out of my phone.

He was charged with common assault on me and nothing for my son. The police took custody of my son and handed him to DOCS, saying the reason being I put my son in harm by having him at his father's house for him to assault us.

My mum now has supported care custody for him (which I could not be happier. If he ended up with strangers, it would have been completely different).

How can they take my son from me when I did not harm him? I tried to cover him and protect him, and I had him at his father's house, who had no previous charges for assault on children.

Do they have the legal right to take my son in the above situation? I am lost without him and am 100% sure he will be missing me as he has never left my care since the day he was born.

I have never had previous abuse on children either.

Please help me get my baby home.

 

[Rod]

Any man who hits a 5-month-old helpless baby needs help and has to be kept away from the baby.

I suspect there is more to this story than mentioned above. If this was a one time event it is unlikely police would have acted as they did. I recommend you get local help. A forum is not the appropriate place for your situation.