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How do I get Facs Interim orders revoked

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DevilishDeb's picture
on Sat, 01/31/2015 - 15:32

How can I get these interim orders revoked....they have already given me their evidence which is all written down, but most of it is false statements and misleading, acccording to them the psychiatrists notes and documents say this and that all the bullshit under the sun about me, but I have purchased those files and the information does not match what they have written and said, can the interim orders be removed by the judge if my files are presented to them at the next court hearing....I have been accused of risk of harm and psychological harm to my Daughter, when there is no physical evidence to back up their can i get them to court for physical evidence, as i heard interim orders blocks you from going to the district court which is where they have to prove the physical evidence.

environmental product's picture

In short, you cant. You have now entered a court process. You sound like you are at the establishment phase of this process. What establishment is ,is when you either agree or disagree that your child was in need of care and protection. This is very difficult. On one hand you feel they dont have a case, but on the other hand you run a real risk of a judge saying you have no insight into your childs needs. You then go onto a care plan, then onto the placement phase and the matter is finalised.

I have just finished the establishment phase myself. The things said about me were quite shocking BUT, I remain cool headed and agree with everything. I now have Facs on side and am working on a care plan that will restore my family. I dont allow them to dictate what I do. Before they suggest something, I already have it done and ask  what they would now like me to do. You need to show a magistrate that you have addressed the issues that Facs have raised.

Some people think Facs is all powerful. They are not. They are bound by legislation and are accountable in court also. If you feel that Facs have presented misleading evidence, first take the matter to the ombudsman, then if you are not satisfied, refer the matter to the Independent Commision Against Corruption (ICAC).

As for district court, You can appeal to a higher court (district) only once the case has been finalised. A court matter can be refered up to the high court if needed.

DevilishDeb's picture

Thank you for the advice for my situation, it's still a bit confusing to me though as my Daughter was never put with foster carers and has been with my Mother-in-law since she was 10 weeks old (she is now 1 year and 1 month old), the problem is that facs removed her from me on 9th march 2014 and never submitted something to the children's court on 12th march 2014 about removal of a child, (by law they have to do that 3 days after removal) the caseworker stuffed around for nine months and never did anything to do with the courts only on 11th December 2014 is when they submitted something to the children's court and put her under the care of the minister. They have never said to me what the risk of harm is (only stated on the evidence) when I have continuously asked them every single day the offices are open since the 9th March 2014, they have never stated to me either what I have to do to get my Daughter back in my care, can't they be held liable for wasting nine months when during that time it could of already been to court and finalised.

environmental product's picture

From the sounds of it Facs has only just started proceedings. The law states that you are to be served with interim paperwork within the first 72 hours of the childs removal. It sounds like there may be a loop hole as the child was placed with family but I'm not a solicitor and dont know. I would get a solicitor asap. 

From the sounds of it you are only now just beginning the court process.heres how it normally goes:

First Facs get interim custody until the matter is finalised in court. They prefer your child is placed with a family member, if none are able to look after the child then the child goes to foster care.

Next is the estabilishment phase. this is where the court decides if tere is a case to answer. I spoke to my solicitor and he advised me that winning this stage of proceedings is extremely rare. 

Next Facs put together a case plan with what is required for the child to be retuned to your care. This will include things like parenting courses, domestic violence courses and physcological counselling ect.

If all paties agree to this plan, the matter is finalised and you do what te care plan states and the child is then slowly returned to your care, little by little. first visits are extended then sleepvoers at your house over a weeken then your child is returned. 

Its a process, but its what it takes.

I know how you are feeling. I am doing courses every day for the return of my 3 beautiful children. I cooperate fully with Facs and I'm making progress though it is early days yet. Good luck with your case.