The department (Child 'protection') are no longer involved, and thanks to the legal aid i had the department avoided answering for their lies and non compliance with the legislation. In the best interests of the child, my 2yr old son, the department decided to withdraw instead of providing support when I was clearly in need.
The department paid no attention to my biggest issue, which was standing up to my abuser, I said it was family violence (family-like relationship) and asking for help I'm told,
"Only if it's towards the child, although you are saying the child was present, but is there ongoing violence towards him at the moment or just ongoing towards yourself. Is
it directly affecting him".
I got that message loud and clear, so much for family focused, they didn't give a f*#k.
I'm guessing it had alot to do with the perpetrators report. A credible government department employee, drug using, drug dealing trustworthy social worker. So receiving no help and having to jump through the departments hoops, the perpetrator got away with it. To top that off the legal aid representing me didn't think it was necessary to correct the department's reports, to inform the court about all the lies, misleading information. Ignoring the abuse and highlighting my emotional state as a concern, that's pretty low. What's truly disgraceful is the department choose to blame me for my son's developmental delays and provide NO support for him. BTW I wasn't provided with copies of the reports prior to the hearing, if I hadn't of asked for what information the department could release to me, I never would have known what information was provided to the court.
Legal aid decided a little notation would cover everything " Mother wishes it noted that she does not agree with much of the material in the DHHS reports ". The judge reads it and told me to speak to my lawyer. I knew what that meant. Legal aid didn't represent me, I was advised against subpoenaing the department and advised to agree with a Undertaking PA proven on the Likelihood of emotional harm. This wasn't what I was told 6 days earlier. Legal aid told me the department were Withdrawing, that they obviously didn't have a case. Anyway I'm not coping at all with whats happened and this is going to impact on my son. I've got alot of questions and I need to find the right lawyer.
1. What court do i appeal to?
2. Would the appeal be on the merit or question of law? Or something else.
3. How can i get access to a court file ordered by the President or a magistrate?
4. Was I denied procedural fairness?
5. What forms would my lawyer have submitted to the court?
6. What forms should I have been given?
7. How can I varify the documents I received are true copies of what was given to the Court?
8. Regarding Conciliation Conference Exchange documents, do all questions need to be answered?
9. Would the CC docs be accepted if the wrong ground was marked?
10. Would the court accept the department changing disposition sought without giving a reason?
11. Should the departments reports contain assessments? What should be included in the reports?
The department paid no attention to my biggest issue, which was standing up to my abuser, I said it was family violence (family-like relationship) and asking for help I'm told,
"Only if it's towards the child, although you are saying the child was present, but is there ongoing violence towards him at the moment or just ongoing towards yourself. Is
it directly affecting him".
I got that message loud and clear, so much for family focused, they didn't give a f*#k.
I'm guessing it had alot to do with the perpetrators report. A credible government department employee, drug using, drug dealing trustworthy social worker. So receiving no help and having to jump through the departments hoops, the perpetrator got away with it. To top that off the legal aid representing me didn't think it was necessary to correct the department's reports, to inform the court about all the lies, misleading information. Ignoring the abuse and highlighting my emotional state as a concern, that's pretty low. What's truly disgraceful is the department choose to blame me for my son's developmental delays and provide NO support for him. BTW I wasn't provided with copies of the reports prior to the hearing, if I hadn't of asked for what information the department could release to me, I never would have known what information was provided to the court.
Legal aid decided a little notation would cover everything " Mother wishes it noted that she does not agree with much of the material in the DHHS reports ". The judge reads it and told me to speak to my lawyer. I knew what that meant. Legal aid didn't represent me, I was advised against subpoenaing the department and advised to agree with a Undertaking PA proven on the Likelihood of emotional harm. This wasn't what I was told 6 days earlier. Legal aid told me the department were Withdrawing, that they obviously didn't have a case. Anyway I'm not coping at all with whats happened and this is going to impact on my son. I've got alot of questions and I need to find the right lawyer.
1. What court do i appeal to?
2. Would the appeal be on the merit or question of law? Or something else.
3. How can i get access to a court file ordered by the President or a magistrate?
4. Was I denied procedural fairness?
5. What forms would my lawyer have submitted to the court?
6. What forms should I have been given?
7. How can I varify the documents I received are true copies of what was given to the Court?
8. Regarding Conciliation Conference Exchange documents, do all questions need to be answered?
9. Would the CC docs be accepted if the wrong ground was marked?
10. Would the court accept the department changing disposition sought without giving a reason?
11. Should the departments reports contain assessments? What should be included in the reports?
