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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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This question is. Dear, 's children have disclosed during

Customer Question

This question is for Patrick.
Dear *****,
John's children have disclosed during interviews with the Department of Human Services, and the children's court appointed psychologist, that they were/are being physically and emotionally abused.
John can confirm from recent conversations with a high up member from DHS, that they have not reported the abuse, and he can also confirm that the psychologist has not reported the abuse.
Does the Department of Human Services, and the children's psychologist have an legal obligation to report this abuse to the police and relevant authorities?
John wants to know what he can do immediately, to have the reported abuse details attended to.
Thank you Patrick.
Submitted: 9 months ago.
Category: Australia Law
Expert:  Patrick H. replied 9 months ago.

Hello again,

Can you elaborate on the nature of the abuse that has been alleged?

How long ago was the abuse brought to the attention of the Department and have John's contacts in the department indicated why no action has yet been taken to address this abuse?

Patrick

Customer: replied 9 months ago.

Hi Patrick.

Thank you for your questions and quick response to my original question.

The nature of the abuse is continuing as far as John can ascertain.

The physical abuse, which was visible and has been photographed by John to Brandon aged 15 months old at the time of the first abuse and the twins, Eden and Savanna aged 5 at the time continued at different intervals from June 2012, until current date.

The emotional abuse by the children's mother to the children occurred from 28th June 2012, when John did not see them for 10 months. Obviously during that time John did not see them, but the emotional abuse to the children would have been significant and John knows this emotional abuse is continuing.

In the custody court case in December of 2015, a member of DHS said that when John's son was interviewed by DHS in approximately February of 2015, and asked about the the black eyes and abuses that he had, he told them that it was the mother's new boyfriend 'does it to me'. John had mentioned the abuse to DHS in approximately February of 2015.

The original report was done at one DHS office, and then moved to a second DHS office. The staff at the second DHS office, claimed total ignorance of the first report, and subsequently have not followed up on the problem, even at John's request.

Regarding the court appointed psychologists children's psychologists knowledge of the emotional and physical abuse, which was disclosed to her in April 2015 through to November 2015, she told the court in December 2015 that the mother is physically and psychologically abusing the children. She started seeing the children in April 2015. John spoke to her in person in January 2016. She said that the mother is a toxic lyer and the children should be taken from her. When asked if she had reported the abuse to the police, she stated that most of the physical abuse was before she had spoken with the children.

John, wants justice for his children and safety for them. Something MUST be done.

Patrick what can be now done?

Thank you.

and

In the court hearing for custody, in December, which will continue mid April, the DHS person testified that when John's son was asked about the black eye, fat lip and bruises to his head,he disclosed that the mother's new boyfriend/husband does it.

Expert:  Patrick H. replied 9 months ago.

What has the family court said about these matters?

If the court appointed expert has made findings of that sort the court would almost certainly make orders granting him primary custody unless the court there were other equally serious reasons why John could not have custody.

Has he made an application raising these issues, and if not in what context was the court ordered psychologist assessing the children?

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