Petition updateAUSTRALIAN KINSHIP CARERS NEED YOUR HELPCourt versus Child Protection, who loses? Answer: The child!
Sue ErbenFinley, Australia
Apr 21, 2017
This is something, as kinship carers we deal with in our daily struggle to provide a safe environment for the child/ren in our care. The Family Court has ordered visitation be unsupervised for a biological parent, who will be referred to from here on as ‘bio’. Said bio is homeless, couch surfing, living in tents, caravan parks, you get the picture. The Family Court was told he had ‘forgotten his address’ and the carers lawyer advised said carer that they must prove that living in a tent would be dangerous to the child to have it considered by the court. The child in question is under the age of 10 (in fact well under that age) The kinship carer who now has –court ordered- fulltime care of child, and also has court orders requiring bio to have contact, becomes aware that bio is still using drugs, in fact using in front of the child while visitation is happening. Carer approaches child protection and informs them of this, along with an independent witness, and carer is told ""it is your job to protect the child. The child is safe with you, so for Child Protection to step in we would have to investigate you as well ‘which could lead to the removal of the child’ as you can not protect the child"" Remember carer has court orders requiring them to allow visitation with bio. So what do they do? Send the child to bio for visitation as per court orders or risk breaching those orders and being taken back to court to fund further court costs and hope the judge is reasonable and not strictly by the book. Send the child and pray no harm comes to child while visiting their drug using bio or push Child Protection to do THEIR job and investigate, while being threatened to have the child removed from them ‘as they cannot ensure a safe environment’ What would you do?
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