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QLD Domestic Violence Orders - Can Child Safety Remove Children on Precautionary Basis?

Discussion in 'Family Law Forum' started by anne1988, 24 April 2016.

  1. anne1988

    anne1988 Well-Known Member

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    I have a friend that has been in a relationship with her husband for 3 years now. She has 5 children and 2 of which are his biological children. About 8 months ago, her husband pushed her to the ground when she would not move out of the way (of the door. Exit. ) during an argument causing a broken bone. The children were home but did not see nor hear a thing. The police were called and a limited contact Domestic Violence Order was made.

    A month later, he was found at her home (about to mow the lawn for her) and was arrested even though no domestic violence occurred and she said that she wanted him there. He was sentenced 6 months prison. There were only 2 other prior domestic violence incidents over a year beforehand and it was merely only argumentative.

    The Department of Child Safety was involved. They have since closed the case 3 months ago. The husband is undergoing anger management, and the wife and husband both wish to reconcile (against the advice of relatives). The couple are just worried - so I ask; can the Department of Child Safety remove the children on a "precautionary" basis despite the husband seeking help and showing great signs of remorse or will this family be OK to happily reconcile?
     
  2. sammy01

    sammy01 Well-Known Member

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    I'm a cynic. So he was 'found' at her home.Sounds like he was trying to be Mr. Nice - goes to mow the lawn and then she calls the cops and he does 6 months. I'd tell him to run as far as he can.

    But since you've asked, if the avo has expired and Docs have closed the case, then I don't see why not - except that if there is any more trouble, then his record will not help his situation.
     
  3. anne1988

    anne1988 Well-Known Member

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    No, it was the child safety officer that called the police. The wife was pleading to the police not to take him but they still did.

    That's exactly what I thought. Docs can't unless further dv occurs?

    I was wondering if there is anything in their legislation stating they can remove children on "precautionary" terms? It wouldn't make sense though as they have received the Help they need to prevent any further dv. The children are well cared for and they have a very nice and clean home.
     

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