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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Can police (with CP - assuming they instigated) remove children

Customer Question

Can police (with CP - assuming they instigated) remove children from their home without warning - saying they have an order - but not providing a copy or allowing the parent to see the document . Are they allowed to use force?
What recall or rights (if any) does the parent have?
How do you deal with and what can u do about your children being kidnapped because of an unfounded anonymous complaint that is not proved.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Yes they can if they believe that the children may be in danger. If you wish to challenge the decision then you have to take the matter to the childrens court and seek orders for the children to be returned. You have a right to ask for details of their action and then take it to court. Here is some information. https://www.communities.qld.gov.au/childsafety/protecting-children/reporting-child-abuse/what-happens-when-a-report-is-madeHave they obtained a child protection order?
Customer: replied 1 year ago.
I do not know - but believe that is what may have been meant when they said they had a magistrate order. I am in Tas and was only privy to the heated exchange and result that I heard on the telephone. My daughter and grandchildren are in Qld.
Expert:  Leon replied 1 year ago.
Good Evening. They have to go to court to get their children back. Here is some information about orders and what they have to do. Department of CommunitiesChild Safety Services Child Protection OrderInformation for parents The Department of Communities (Child Safety Services) is the lead government agency to provide:• protection for children and young people who have been harmed or who are at risk of harm• support services for children, young people and their families who are subject to statutory intervention• care environments that are safe and meet the diverse needs of children and young people. When the department receives information that a child or young person may be at risk of significant harm, they must investigate whether the child needs protection.What is a Child Protection Order?If a child is assessed as being at risk of harm and requiring protection, Child Safety Services may remain involved with the family for a period of time to ensure the child’s safety. However, the department may have to apply to the court for a court order to ensure the child’s safety. If the court agrees, a Child Protection Order is granted. Child Safety Services applies for a Child Protection Order if:• the child or young person cannot remain safely with their family • a parent is not able and willing to have contact with the department to ensure a child or young person’s safety• the parent disagrees with the department about the child or young person needing protection.When is notice given to parents about a Child Protection Order?A parent should receive at least two days notice of when the application will be made to the court. An application for a Child Protection Order cannot be heard until a parent has had reasonable notice to:• travel and attend court• consult with a lawyer. However, the Childrens Court can make a decision about an application for a ChildProtection Order without a parent attending the court. When does the Childrens Court grant a Child Protection Order?When an application is lodged to the court for a Child Protection Order, it considers the information presented by the department and the child’s family, and determines whether an order is appropriate. The court can only grant a Child Protection Order if it is satisfied the child needs protection from harm and does not have a parent who is willing and able to provide protection. The court must be sure the order is necessary to ensure the child’s safety.Does a Child Protection Order remove a child from their parent’s care?There are different types of Child Protection Orders. Some orders direct a parent in relation to their actions or require the department to supervise a child’s care. These orders do not involve the child being removed from their parents’ care. Other orders grant custody or guardianship of the child to someone other than the parents for the duration of the order. This may be to Child Safety Services, a family member or another suitable person. When the court grants a Child Protection Order, it must be sure the order is not more intrusive than necessary to ensure the child’s safety.How long does a Child Protection Order last?Child Protection Orders fall into two categories:• Short-term Child Protection Orders, which last for no more than one or two years, depending on the type of order.• Long-term Child Protection Orders, which are granted after it is decided the best way to ensure a child’s protection is for guardianship to be given to Child Safety Services, a family member or other person on a long-term basis. Long-term orders last until the child turns 18 years of age.What are the parents’ rights regarding a Child Protection Order?Child Safety Services must provide parents with a copy of all documents to be given to the court before the first court date. When the court considers the application, they will consider the child’s views where possible, the parent’s views and those of the department, before deciding whether to grant a Child Protection Order. Parents may choose to represent themselves in court or be represented by a solicitor.Can a child be removed from a parent’s care without a Child Protection Order?Yes, when a child is at immediate risk of harm, they can be taken into the custody of Child Safety Services before application for an order is made. A child can also be removed under an Assessment Order or a Temporary Custody Order. Please ask your child safety service centre for further information about these orders.Can a parent appeal the court’s decision to grant a Child Protection Order?If a parent disagrees with the court’s decision, an appeal must be lodged within28 days. Legal advice should be sought for assistance with an appeal, or contact the registrar of the court.What happens after a Child Protection Order is granted?If the court grants a Child Protection Order, Child Safety Services must provide the parents with a copy of the order and a letter explaining what the order means for the parents and their child. All short-term Child Protection Orders require the department to have regular contact with the parents and the child, to address the child’s safety needs.Can the Child Protection Order be changed after it is granted?If circumstances change, Child Safety Services or the parents can apply for theChild Protection Order to be changed in the following ways:• extend it for a further period of time• change it to a different type of order• have the order revoked.Contact informationIt is a parent’s right to understand what is happening throughout this process. Parents can ask questions at any stage. The Child Safety Officer or a team leader from the child safety service centre are available to assist parents as required. Child Safety Officer.......................................................................Team leader.......................................................................Child safety service centre.......................................................................Telephone.......................................................................For further informationThe Department of Communities(Child Safety Services) During business hours: 13 QGOV (13 7468) Child Safety After-hours Service Centre:3235 9999 or freecall 1800 177 135www.communities.qld.gov.au/childsafetyLegal adviceYou are able to seek legal advice or support from other agencies such as Legal AidQueensland about your contact with Child Safety Services and to ask for advice.Legal Aid Queensland: 1300 651 188It is not easy but they should know what the issue is and they have to apply to get an order.
Customer: replied 1 year ago.
The police and CP attended two different addresses (at the same time) and removed two children 12 & 6 (girls) from the grandparent and sister of partner - and 3yr old boy from mother and partner.
Expert:  Leon replied 1 year ago.
Good Evening. They must have orders based on a report. They cannot do it for no reason.
Customer: replied 1 year ago.
We have been through this court before and all charges were disproved. CP had removed themselves. now with no contact or warning they have taken all children and my daughter has been hurt in the process.
Customer: replied 1 year ago.
Previously - it was anonymous reports that were disproven. We have the same thing happening again, The children are not in any danger - my daughter would not harm the children in any way - she would do anything to protect them.
Customer: replied 1 year ago.
Cp tried to prove that my daughter did not have any support for herself and children. She proved she had plenty of different qualified people assisting her when needed. The judge told CP that their involvement wasn't necessary. .
Customer: replied 1 year ago.
I am very concerned that it is my complaints about the way the CP handled the whole matter that this has escalated again and caused my daughter to lose her children! They were very angry and rude whenever I tried to talk to them and would not assist in any way - continually quoting client privacy issues - even though my daughter told them to talk to me.
Customer: replied 1 year ago.
Is that it - all finished?
Expert:  Leon replied 1 year ago.
Good Evening. My apology I had to log out. They cannot remove the children without a complaint. If they have acted improperly and without a complaint then it should be reported to the ombudsman. Has anyone questioned them and asked the basis for taking the children?
Customer: replied 1 year ago.
They would not answer when asked. It was after 5.30 when they arrived with police to take children. No one was available to question. No paperwork of any sort was left to provide any explanantion.
Customer: replied 1 year ago.
There was apparently an anonymous complaint. But no attempt to query or investigate in any way. Just straight to 'remove mites'
Customer: replied 1 year ago.
There is a history of anonymous complaints being made about my daughter - but none have been proven and all dismissed without need for children being removed.
Expert:  Leon replied 1 year ago.
Good Morning, She should contact legal aid and seek their assistance about this. Also she should consider taking the matter to the ombudsman if they are always acting on false reports. But she has to go to court to get them back. This is her only choice.

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