Australian law's regarding childrens rights should change
By Ruralchook
@Ruralchook (538)
Australia
January 21, 2007 1:34am CST
My daughter is 14. 18 months ago she moved from the country to stay with her dad for schooling as it was becoming too hard to travel an hour and a half each day on the bus for school.
We agreed I kept custody and she would return on holidays.
That hasnt happened.
Instead her fathers family keep telling her she is old enough to make her own choice about life and have done so since she was 12.
She was supposed to come home at xmas, my ex kept saying she's got the flu and doesnt want to stay with you, so my parents drove 5 hours to collect her. When they saw my daughter they rang me immediately and said she was extremely sick and needed to go to hospital. They drove her 5 hours back to me, I took one look and knew she had tonsilitus. I rushed her to the hospital where I was told she could have been dead within 48hours.
Once my daughter was well she went to stay half an hour away at her aunties for a week or so. But the day before I was supposed to pick her up I got a phone call from my ex's aunty telling me not to bother picking her up she had been returned to her father.
This was confirmed when ringing my daughters mobile. She told me she didnt want to be with him and was being perssured to stay, she is scared of him.
I rang the police, I rang 7 welfare agencies, I rang everywhere. No one would help all they would say is she's 14 and old enough to do what she wants.
I eventualy got to see a lawyer. And the same thing, she's old enough to make her own choice.
Now what I dont understand is, Im responsible for her actions and health and allother expenses until she is 18, so why cant I go and get her now. Afterall I do have custody.
But no one will help her or me.
1 person likes this
2 responses

@Ruralchook (538)
• Australia
21 Jan 07
Thanks Bunny2
Im in WA.
I did telephone the WA dept listed but after 4 phone calls and being transferred to 4 different regional departments I gave up on them.
But if I had of been aware of this site, ahhhh I would have been their first up and not have wasted 12 hours of getting the run around on the phone, nor travelled 6 hours to see the lawyer.
THANKYOU from the bottom of my heart this site is the best news Ive got, its more informative than the family court, DCD and FCS websites and personell plus the police.
XXXXXXXXXXX
1 person likes this

@Bunny2 (2102)
• Australia
21 Jan 07
OMG This is awful Ruralchook! I can only imagine what you're going through. Firstly, how can a 14 yr old be old enough to decide what she wants to do (let alone a 12 year old!)? Secondly, if she's scared of her father then she needs to be removed from him. How can the welfare agencies and police ignore the fact that the child is scared? Have you tried ringing legal aid? There must be some agency for children in trouble. I will do a search for you, sweetie and hope and pray that you can get through this terrible time and that your daughter wil stay safe until she is home with you.
1 person likes this
@Ruralchook (538)
• Australia
21 Jan 07
Thanks for your support Bunny2.
Ive contacted every agency I can. Im now down to 2 options
1. I can have her committed to hospital for observation, but this could turn her against me.
2. I can get a Family Law Court appointed lawyer to represent her. This is what Ive chosen to do, with the help of Legal Aid.
The lawyer will assess her over quite a duration of time to find out what she wants and how her father and myself treat her.
If the lawyer decides she needs immediate removal or medical help he/she does this through the family courts to ensure its done immediately. The lawyer also uses what the child says and makes their own judgement on whats best for the child, which is then presented to the court for final ruling.
Im hoping this works.
Honestly it s***s that children of this age can decide for the parents. Its wrong, my son who is 12 in June is counting down the days until he can refuse to have contact with his father (the same parent of both my children). In his case I agree.
But in the case where I have custody and the child is at risk, not one government department or Police station will help.
I have just got word that my daughter is going to be picked up by my sister tomorrow and taken to her place for a week, yippeee. It means she'll have a chance to clear her mind and possibly make a better decision.
I'll also be on my way there within days to take her to welfare to see a counsellor.
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