NSW Family Law Reasons Why Children are Removed from Mother's Care?

[Vee]

The ex-husband and alleged father have joined forces and have been/are collaborating. Their affidavits/notices of risk are basically word for word. They've said she's a pathological liar who can't tell fact from fiction and she is detrimental to the psychological and emotional health of her kids. She invents stories of abuse. There's significant conflict of interest in my opinion.

She's seeing a counsellor, has a caseworker, and is in regular contact with both as well as the community nurse and family GP. None of them think there's anything wrong with her, they've said many times she's a great mum and they have no concerns for her or her kids.

Ex-husband said he'll make sure the court knows she's done nothing wrong IF she signs the 50/50. Otherwise, they're back in the courtroom in September, the same day she returns to court re: case with her newborn.

The alleged father is still seeking sole custody but has said its fine for the baby to continue living with mum pending DNA results/final orders.

Wondering what to expect at the next court hearing. Hoping I can be there for her.

The lawyer has said they want a clearer picture on the ex-husband's mental health and drug use. They want to be confident the kids will be safe. He's been experimenting with medications purchased online, as well as taking steroids and injecting other substances. He has anger issues, etc. His random drug tests have all been clear.

 

[AllForHer]

Unfortunately, nobody can predict what the Court will do, but if I'm not mistaken, this is only the second hearing, correct?

In my experience, the entire proceeding tends to be a period of observation for the Court. If the parties raise concerns, the Court will make interim orders that will help it work out if those concerns are genuine by ordering family reports, random drug tests and psychological assessments so it has the unbiased opinion of an expert third party witness to rely on for evidence.

If the parties comply and the testing comes back with no concerns of substance, then great. If the parties refuse to comply or the testing comes back with issues, then the Court may act to address identified risks accordingly.

For now, the mother is really just going to have to sit tight and wait.

 

[Vee]

Is there anything you can recommend that will help the mother?

If DNA results show this person is the dad, can he potentially take her at the next hearing or could mediation be ordered?

The police have a report on him for violence against one of her kids (not sure if they have or will charge him though?)