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Second opinion] Just a question about department of

Customer Question
Second opinion] Just a...

Second opinion] Just a question about department of community services formally known as FACS or DOCS

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: Has anything been filed or reported?

For them to remove a child/ children do they need some kind of paper work of some Sort to be able to do that for instance they removed two children based on 3 alledged allegations and they had paper for one child where her. Name age date of birth was all wrong and wasn't signed off by a magistrate or anyone and nothing for the other child now they were not in danger of any sort

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of unless they have questions for me

Submitted: 6 months ago.Category: Australia Law
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Answered in 1 hour by:
7/29/2017
Solicitor: Leon, Solicitor replied 6 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,686
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 6 months ago

Good Afternoon

They do not need paperwork to remove a child they can take the child and then file in the court for a protection order.

They have wide powers to protect children.

If they find that the allegations are serious and warrant their intervention they can move in and take the child.

It does not have to be an order of the court.

If you wish to fight the right for them to take the child you need to file an application with the Childrens Court for an order that the child be returned.

This is in the Protection division of the court.

Where is the child now?

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Customer reply replied 6 months ago
They didn't have a warrant and the two girls were and are in no danger what so ever I know u hear that A lot but I have a community full of people to verify and identify how well looked after these girls are they haven't filed anything to court at all the one piece of paper looked typed up in. A hurry and the name on it and date of birth was all wrong it was a different child the allegations made are absolutely incorrect that's why it is alleged cause it's not true you have to believe me the two girls were placed with a great aunt who is mentally unstable and on all types of medication to stablise her moods witch she doesn't take properly
Solicitor: Leon, Solicitor replied 6 months ago

Good Morning.

They do not need a warrant. They only need a suspicion that the children are in danger and should be removed.

It is not up to them to prove that there is danger.

Only that they have a suspicion is enough.

You need to now file an application with the childrens court to get them back.

I do beleive you and I have seen this before. They act on information that may not be accurate.

You have to make the urgent application to get them back and show they are in a safe environment with you.

http://www.childrenscourt.justice.nsw.gov.au/

You can apply for legal aid.

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