Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I am wanting some advice on parents rights to use physical…

Customer Question
Hi I am wanting...

Hi I am wanting some advice on parents rights to use physical discipline to punish a child. Our child is a compulsive liar and hates any kind of discipline no matter how we try to help him. He has reported us to the chaplain who has reported it to DCP. What are our rights in regard to having to answer and admit to false claims by our son

Lawyer's Assistant: In what state did this occur?

WA

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

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

Yes only one parent has spoken to dcp so far and we expect the other will be tomorrow. what do we need to know to avoid being falsely accused by them

Submitted: 11 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
9/10/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

There is no law that says you cant discipline them physically. But if you do then depending on what the police are told and what they see you may be charged with assault.

A slap on the backside would not be assault but across the face you will have issues.

You have to explain what happened and what you did.

Here is some information on what the law says in australia

https://aifs.gov.au/cfca/publications/corporal-punishment-key-issues

If your children keep reporting you they risk being taken away and they should be made aware of this.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Ask Your Own Australia Law Question
Customer reply replied 11 months ago
We have administered corporal punishment rarely to significant defiance from the child. He is accusing us of using a horse whip which dcp are trying to suggest is an implement. This is incorrect. There is only one time supposedly he had a horse crop that is only like a cane without any tassels used on him. It was not used harshly or severely. How is the strap or wooden spoon seen on a backside? Again these things are a rare occurrence as the choice discipline is pushups.
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

You should not be using any implement that would be seen as abuse.

It should not be used at all.

Any implement is seen as abuse and they will charge you with assault and you could have them children taken form you.

Just your hand and on the backside.

Anything else would be abuse.

Ask Your Own Australia Law Question
Customer reply replied 11 months ago
When did corporal punishment cease to include the usual wooden spoon and strap on the backside as private schools until really recently could use it. I cannot find any evidence.
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

There has been debate for many years.

You cannot use implements. I have seen many parents get criminal records for assault using implements. It is not acceptable.

If school did that now they would be charged and the teacher terminated.

There is no act as such but the crimes act is used for the charges. Using excessive force or an implement is assault.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
46,901 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,901 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Can my son, now 22, be tried for a crime he committed when
Can my son, now 22, be tried for a crime he committed when he was 14? … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I'm dealing with DCP they have told me I can't attend school
I'm dealing with DCP they have told me I can't attend school assembly for my son like his asked , there is nothing in the court agreement that states i can't attend. The department has emailed the sch… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My fourteen year old son has been accused of abuse of a
My fourteen year old son has been accused of sexual abuse of a younger child. We have an interview/arrest with the police in a couple of days. And they inform us we can only have one parent in the roo… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My husband and I would like to know the following: In July
My husband and I would like to know the following: In July 2016 Simon's ex-partner made allegations against him about something she says he did to his son. This was reported to the police and the Depa… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
I am a grandparent living in QLD, my grandchild in W.A.. What
I am a grandparent living in QLD, my grandchild in W.A.. What is the best/quickest way to get a ward of state child here with me? a. Foster care b. Adopt c. Lodge complaint DCP W.A.. d. something else… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
Our child is being bullied at school. We have documented 47
Our child is being bullied at school. We have documented 47 occassion. Spoken with principal numerous times through the year with no real action being taken. Principal is discriminating against our so… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
Dept for Child Protection are threatening to take our baby
Dept for Child Protection are threatening to take our baby if my fiance lives with me while she looks for a new place. What legal right do we have to stand our ground given that we can prove that they… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
My question is regarding my grandaughter who from the age
My question is regarding my grandaughter who from the age of six weeks old was removed from the care of her two parents and placed in the care of her other biological grandmother through a decision ma… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
I Have been fostering two chidren for 3 and half years now
I Have been fostering two chidren for 3 and half years now the youngest was only two when she came into my care and is now 51/2 she only knows us as mum and dad but parents are still in court trying t… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
Hi, My fiances ex girlfriend fell pregnant to him and insisted
Hi, My fiance's ex girlfriend fell pregnant to him and insisted in going on with the pregnancy after my partner told her clearly more than once that he did not want a part of it and it was a bad idea.… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
My ex-son of law made a sworn case information affidavit which
My ex-son of law made a sworn case information affidavit which was lodge to the family court WA in Perth where in my wife and I were incriminated, in an endevour, so he thought, to influence the outco… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
We are not sure of our legal rights as grandparents or what
We are not sure of our legal rights as grandparents or what we can do. Our granddaughter has lived in our home with us most of her life as it was week about though the courts until our son had a bad h… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
If a nurse at a hospital signs a stat dec saying that she witnessed
If a nurse at a hospital signs a stat dec saying that she witnessed something, when actually she received information third hand and ended up misconstruing that information in the stat dec, do we have… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My son in WA is going through a nasty separtion. He has been
My son in WA is going through a nasty separtion. He has been the primary caregiver of his 2 yr old daughter for 12 months. HIs ex partner took out restraining orders for herself and her daughter which… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My daughter was committed to a mental health unit and her two
My daughter was committed to a mental health unit and her two daughters into the care of the DCP on the 23/1/2010. I applied on the 1/2 to be assessed as an emergency full time care of the two girls,c… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
How do you stop DCP from removing a 3 day old child from its
How do you stop DCP from removing a 3 day old child from its mothers when the mothers is doing what she has been advised in order to keep her child with her. They told her if she stayed in hospital fo… read more
Leon
Leon
Solicitor
Master's Degree
46,901 satisfied customers
Hi there my names Nicole, I have a stepson who has had issues
Hi there my name'sXXXXX have a stepson who has had issues of a sexual nature at a previous school. His mother hasn't accepted any councelling offered by the DCP and since then has just had issue after… read more
Katrina Bell
Katrina Bell
Barrister Sole
Bachelor\u0027s Degree
468 satisfied customers
I would like to know if I can take out a writ against my ex-wife
I would like to know if I can take out a writ against my ex-wife for fraud and perjury that happened in the family court. She did these acts to defraud me of being a father to my children. stopped me … read more
Alexandra
Alexandra
Attorney at Law
Juris Doctorate
61 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x